Pareti v. Giglietta

—In a negligence action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (DeMaro, J.), dated August 19, 1994, which granted the motion of the defendants Patricia J. Smolenski and Marian E. Smolenski for summary judgment dismissing the complaint insofar as it is asserted against them, based on the plaintiffs’ failure to establish serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is reversed on the law, with costs, the motion is denied, and the complaint is reinstated insofar as it is asserted against…