Molina v. Choi

In an action to recover damages for personal injuries, the defendant Luis A. Guinand appeals from so much of an order of the Supreme Court, Queens County (Dye, J.), dated January 22, 2001, as denied, with leave to renew upon the completion of discovery, his motion for summary judgment to dismiss the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is modified, upon searching the record, by deleting the provision granting leave to renew the motion upon the completion of discovery; as so modified,…