Thomas v. Dietrick

—In an action to recover damages for personal injuries, etc., the defendants Eddy Delbrune and Judith Thomas appeal from an order of the Supreme Court, Queens County (Berke, J.), dated June 30, 2000, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action…