Mitchell v. Kowalski

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Hillery, J.), dated April 14, 1999, which, upon granting the defendant’s motion pursuant to CPLR 4401 at the close of the plaintiffs’ case to dismiss the complaint for failure to establish prima facie that the plaintiff Dawnett Mitchell sustained a “serious injury” as defined by Insurance Law § 5102 (d), dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly concluded that the plaintiffs failed to establish…