Hernandez v. Burkitt

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 28, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and denied as academic his cross motion for partial summary judgment on the issue of liability. The appeal brings up for review so much of an order of tbe same court, dated August 16, 1999, as, upon reargument, adhered to the original determination…