Crawford v. Simmons

In an action to recover damages for personal injuries, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Ingrassia, J.), dated September 20, 1995, which, after a jury trial (Burrows, J.), granted the defendants’ motion pursuant to CPLR 4401 for judgment as a matter of law based upon the plaintiffs failure to make out a prima facie case of "serious *313injury” as defined in Insurance Law § 5102, and dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

Whether a plaintiff has made a prima facie showing of a "serious…