Alvarez v. Dematas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*599In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered August 12, 2008, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and, in effect, denied, as academic, her cross motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, the defendant’s motion for summary judgment dismissing the complaint is denied,…
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