Duarte v. Ester

In three related actions, inter alia, to recover damages for personal injuries, the plaintiffs in Action No. 1 appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Milano, J.), dated December 2, 1996, as granted those branches of the respective motions of the defendants in Action No. 1 which were for summary judgment dismissing the complaint in Action No. 1 on the ground that the injured plaintiff in Action No. 1 did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed insofar as appealed…