Manzi v. Lindenlaub

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Jones, J.), dated May 7, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Stacey Manzi did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

Contrary to the plaintiffs’ contention, the defendants did not waive the defense that the plaintiff Stacey…