Braun v. Melia

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Weber, J), dated May 2, 2006, which granted the defendants’ cross motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and, in effect, denied, as academic, her motion for summary judgment on the issue of liability.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the defendant’s cross motion for summary judgment…