Pacchiano v. DiLauro

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (G. Aronin, J.), dated January 24, 1990, which denied her motion for summary judgment dismissing the complaint based on the plaintiff’s failure to demonstrate that she sustained 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, and the complaint is dismissed.

On May 26, 1987, at the intersection of 23rd Avenue and 86th Street in Brooklyn, the plaintiff’s car came into…