Beckett v. Ishmael

In an action, inter *383alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated February 19, 2002, which denied their motion 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).

Ordered that the order is affirmed, with costs.

While the medical evidence submitted by the defendants in support of their motion established, prima facie, that the plaintiff’s injuries were not serious (see Gaddy v Eyler, 79 NY2d 955,…