O'Gorman v. Prus

OPINION OF THE COURT

Robert M. DiBella, J.

In this personal injury action arising out of a motor vehicle accident, defendant moves for summary judgment dismissing the complaint, pursuant to CPLR 3212. Defendant asserts that plaintiff cannot demonstrate that she sustained a “serious injury” as defined under section 5102 (d) of the Insurance Law and that plaintiff’s property damage claim must also be dismissed because plaintiff did not own the vehicle and her husband, the owner of the vehicle, has been paid for the property damage. Plaintiff opposes the motion.* For the reasons set forth herein,…