Helmbrecht v. Krauthamer

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated August 20, 1996, which granted the defendants’ motion for summary judgment dismissing the complaint based on the plaintiff’s failure to sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court’s conclusion that the defendant established a prima facie entitlement to judgment as a matter of law that the plaintiff did not sustain serious injury as defined by…