Osgood v. Martes
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, Kings County (Schack, J.), dated April 25, 2005, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff James W. Osgood 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, and the defendants’ motion for summary judgment dismissing the complaint is granted.
The defendants satisfied their prima facie burden of demonstrating that the plaintiff…
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