Jorge v. Sutton

In a negligence action to recover damages for personal injuries arising from a motor vehicle accident, the defendants appeal from an order of the Supreme Court, *838Queens County (Hyman, J.), dated April 7, 1986, which denied their motion for summary judgment dismissing the complaint for failure to meet the threshold requirement of a "serious injury” as defined under Insurance Law § 5102 (d) and § 5104 (a).

Ordered that the order is affirmed, with costs.

Although in the first instance the plaintiff must establish, prima facie, the existence of a serious injury within the meaning of Insurance Law §…