DiLernia v. Khan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*645In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dollard, J.), dated February 27, 2008, which granted the motion of the defendants Sarah S. Morse and Sarah C. Morse for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff Anthony DiLernia did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and denied, as academic, the plaintiffs’ cross motion for summary judgment on the issue of liability.
Ordered that the appeal from so much…
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