Perez v. Einhorn

In an automobile negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated May 27, 1985, which denied his motion for summary judgment dismissing the plaintiff’s complaint.

Ordered that the order is affirmed, with costs.

The defendant moved for summary judgment on the ground that the plaintiff had not sustained a serious injury within the meaning of Insurance Law former § 671 (4) (now § 5102 [d]). The plaintiff’s papers submitted in opposition to the motion, including an affidavit of his treating…