O'Neill v. Rogers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (G. Aronin, J.), dated March 18, 1989, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, and the complaint is dismissed.
A review of the record demonstrates that the plaintiff Patrice Ann O’Neill has failed to establish a prima facie case that she sustained "serious injury” within the meaning of Insurance Law § 5102 (d). While the…
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