Gwynn v. Soriano

Order, Supreme Court, Bronx County (Alan Saks, J.), entered November 12, 2009, which, to the extent appealed from, upon reargument, denied the motion of defendants Victor Soriano, Hector F. Mota, and Felix Tejeda for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed against all defendants. The Clerk is directed to enter judgment accordingly.

In opposition to defendants’ prima facie showing that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), plaintiff proffered…