David v. EZ Rate Rental Corp.

In an action to recover damages for personal injuries, the plaintiff Akilov David appeals from a judgment of the Supreme Court, Queens County (Geller, J.), entered October 30, 2001, which, upon a jury verdict in favor of the defendants and against him, dismissed the complaint insofar as asserted by him.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellant’s contention, the jury verdict finding that he did not sustain a serious injury, as defined by Insurance Law § 5102 (d), was not against the weight of the credible evidence (see Lolik v Big V Supermarkets, 86 NY2d 744;…