Fisher v. Ives

—Appeal unanimously dismissed without costs. Memorandum: Plaintiff commenced this action to recover for injuries she allegedly sustained in an automobile accident. Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Supreme Court determined that the parties’ submissions were insufficient to resolve that issue. The court therefore ordered that the motion be adjourned for 12 weeks and directed the parties to conduct further discovery and submit appropriate evidence on the…