DiFilippo v. Jones

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated January 18, 2005, which, upon granting the plaintiffs motion for leave to renew and reargue, vacated its prior order dated June 28, 2004, granting the defendant’s motion for summary judgment dismiss*789ing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and denied the defendant’s motion.

Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing…