DaSilva v. Storz

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered June 27, 2000, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.

Plaintiff was injured when a vehicle in which she was a passenger left the roadway and struck a telephone pole. Supreme Court, finding that plaintiff did not sustain a serious injury for purposes of Insurance Law § 5102 (d), granted defendants’ motion for summary judgment dismissing the complaint. We reverse.

In opposing defendants’…