Ey v. Mecca

In an action to recover damages for personal injuries, the defendant Rosario Chiarelli, appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated February 16, 2006, as, upon the separate motions of the defendant Thomas Mecca and the defendant Rosario Chiarelli for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), searched the record and awarded summary judgment in favor of the plaintiff and…