Schaming v. Saunders Construction Carriers

Appeal from an order of the Supreme Court (Harris, J.), entered April 5, 1990 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff Peter H. Schaming (hereinafter plaintiff) and his wife commenced this action to recover damages allegedly sustained by plaintiff as the result of an automobile accident *958which occurred on April 1, 1985. Following completion of discovery, defendants moved for summary judgment on the ground that plaintiff had not sustained a "serious injury” within the meaning of Insurance Law § 5102 (d). Supreme Court denied the…