Ali v. Khan

Order, Supreme Court, Bronx County (Fatricia Anne Williams, J.), entered on or about September 28, 2007, which denied defendants’ motion for summary judgment dismissing so much of the complaint as brought by plaintiffs Ali and Akhtar for lack of the requisite serious injury, unanimously reversed, on the law, without costs, and the motion granted and the complaint dismissed as to those plaintiffs. The Clerk is directed to enter judgment accordingly.

Defendants met their burden of demonstrating that Ali and Akhtar did not sustain serious injuries as defined in Insurance Law § 5102 (d), and these…