Soto v. Fogg
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 plaintiffs appeal from an order of the Supreme Court, Nassau County (Levitt, J.), dated November 3, 1997, which granted the defendant’s motion for summary judgment on the ground that the plaintiff Joann Soto did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
The Supreme Court correctly granted the defendant’s motion for summary judgment. The defendant established a prima facie case that the injured plaintiff did not suffer a serious injury within the…
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