Picott v. Lewis

In an action to recover damages for personal injuries, etc., the defendants Marson D. Sealy and Radcliffe M. Straker appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated December 17, 2004, which denied their motion for *320summary judgment dismissing the complaint on the ground that the plaintiffs did not sustain serious injuries within the meaning of Insurance Law § 5102 (d).

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted on behalf…