Miller v. Almadovar

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Cammer, J.), entered July 11, 2001, which, sua sponte, dismissed the complaint upon finding that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that on the Court’s own motion, the notice of appeal is deemed an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, without costs or disbursements, and the complaint is reinstated.

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