Kerzhner v. N.Y. Ubu Taxi Corp.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Douglass, J.), dated March 8, 2004, which granted the plaintiffs motion for leave to reargue the defendants’ prior 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), and, upon reargument, vacated the prior order and denied the defendants’ motion.

Ordered that the order is affirmed, with costs.

The affirmation of the defendants’ examining physician stating…