Rico v. Figueroa

In an action, inter alia, to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Kings County (Schneier, J.), dated November 3, 2006, as denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff Antonio Rico did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and the plaintiff Antonio Rico cross-appeals, as limited by his brief, from so much of the same order as denied his cross motion for summary judgment on the issue of serious injury.

Ordered that the order is reversed…