Tillman v. Metropolitan Suburban Bus Authority

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Burke, J.), entered April 11, 2001, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, without costs or disbursements.

In support of their motion for summary judgment dismissing the complaint, the defendants failed to demonstrate, prima facie, that the plaintiff did not sustain a serious injury within…