Jenkins v. Diamond

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dollard, J.), dated August 15, 2002, which granted the motion of the defendants Melissa I. Diamond and Cary L. Diamond, and the separate motion of the defendant David A. Babb, for summary judgment dismissing the complaint insofar as asserted against them on the ground that he did not sustain a serious injury within the meaning of Insurance law § 5102 (d).

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing…