Houston v. Gajdos

*515In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated October 7, 2003, which granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and denied, as academic, his cross motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing that the plaintiff did not…