Austin v. Dominguez

In an action to recover damages for personal injuries, the plaintiff Allison Connor appeals from an order of the Supreme Court,. Kings County (Starkey, J.), dated December 7, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint insofar as asserted by her on the ground that she 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 defendant’s motion for summary judgment dismissing the complaint insofar as asserted by the appellant is denied.

The defendant met his…