Joaquin v. Munoz

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated March 19, 2004, as denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff Leticia Joaquin did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and granted that branch of the plaintiffs’ cross motion which was for leave to serve an amended bill of particulars.

*350Ordered that the order is affirmed insofar as appealed from, with costs.

Under…