Tipping-Cestari v. Kilhenny
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), entered October 17, 1989, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants contend that the plaintiff Arlene TippingCestari failed, as a matter of law, to establish that she sustained a "serious injury” within the meaning of Insurance Law § 5102 (d). We agree. It is for the court to determine in *664t…
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