Kaplan v. Gak

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated March 12, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff Samuel Kaplan did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the defendant’s motion is denied, and the complaint is reinstated.

The plaintiff Samuel Kaplan was allegedly injured in a two-vehicle collision with the…