Gonzalez v. A.V. Managing, Inc.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered October 13, 2005, which denied defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a “serious injury” as defined in Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. *176The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Plaintiff stated at his deposition in October 2004 that he stopped treatment because “[djoctors told me they couldn’t do no further,” and in his…