Godden v. Carmen

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order and judgment (one paper) of the Supreme Court, Suffolk County (Baisley, J.), entered March 16, 1988, as granted the defendant Carmen’s motion for summary judg*813ment dismissing the complaint on the ground that the plaintiff failed to establish a serious injury in accordance with Insurance Law § 5102 (d), and dismissed the complaint.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The issue of whether the plaintiff has made a prima facie showing of having…