McVey v. Collins

—In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated September 29, 1998, as denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff Carol A. McVey did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed insofar as appealed from, with costs.

There is an issue of fact as to whether the plaintiff Carol A. McVey sustained a serious injury within the meaning of…