Ashquabe v. McConnell

*212OPINION OF THE COURT

John M. Curran, J.

Plaintiff commenced this action to recover damages for injuries allegedly sustained in a motor vehicle accident. Defendant moves for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a “serious injury” within the meaning of Insurance Law § 5102 (d). Plaintiff has cross-moved for an order granting partial summary judgment on the issue of liability and for the dismissal of certain affirmative defenses.

This case presents certain issues which should be addressed in the wake of the Court of Appeals decision in Pommells v…