Neugebauer v. Gill

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Nassau County (Mahon, J.), dated January 6, 2003, as, upon granting the defendant’s motion pursuant to CPLR 4401 made at the close of the plaintiffs case at the trial on the issue of damages to dismiss the complaint for failure to establish, prima facie, that she sustained a serious injury within the meaning of Insurance Law § 5102 (d), is in favor of the defendant and against her, dismissing the complaint.

Ordered that the judgment is affirmed…