Brown v. Garcia

*916OPINION OF THE COURT

Kevin J. Kerrigan, J.

Pursuant to the direction in the order of this court issued on November 5, 2003, and after conferences with counsel for all parties on November 17, 2003 and December 23, 2003, the following order is issued resolving the questions of whether infant plaintiff John David Noguera sustained a serious injury under section 5102 (d) of the Insurance Law, and whether his mother should be permitted to voluntarily discontinue his action without prejudice. In addition to the moving and cross-moving papers, the court considered the medical documents submitted by…