Merle v. Rebate Rent a Car II Corp.

—In consolidated actions to recover damages for personal injuries, the defendant in Action No. 2 appeals from an order of the Supreme Court, Queens County (Dye, J.), dated September 18, 1998, which denied its motion for summary judgment dismissing the complaint in that action on the ground that the plaintiff failed to sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

In support of its motion for summary judgment dismissing the complaint in Action No. 2, the defendant in that action relied upon the unsworn reports of the…