Friscia v. Mak Auto, Inc.

In an action to recover damages for personal injuries, the defendant Mary J. Scarola appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated October 15, 2007, which denied her motion for summary judgment dismissing the complaint insofar as asserted against her on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Mary J. Scarola for summary judgment dismissing the complaint insofar as asserted against her is granted.

The…