Morselling v. Frankel

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Saladino, J.), dated April 10, 1989, which denied the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the defendants’ contentions, the plaintiffs carried their burden of establishing a prima facie case of "serious injury” pursuant to Insurance Law § 5102 (d) (see, Licari v Elliott, 57 NY2d 230, 237; cf., Lopez v Senatore, 65 NY2d 1017). In opposition to the defendants’ motion for…