Elgendy v. Nieradko
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for personal injuries, the defendants Andrezj Nieradko and Roger J. Fromme appeal from an order of the Supreme Court, Queens County (Schmidt, J.), dated February 3, 2003, which denied their motion for summary judgment dismissing the first cause of action insofar as asserted against them on the ground that the plaintiff 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, the motion is granted, and the first cause of action is dismissed insofar as asserted…
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