Faraone v. DiCocco

Appeal from an order of the Supreme Court (Caruso, J.), entered March 26, 1998 in Schenectady County, which granted defendant’s motion for summary judgment dismissing the complaint.

On August 29, 1995, plaintiffs automobile collided with an automobile driven by defendant in the Town of Rotterdam, Schenectady County. As a result of this accident plaintiff commenced the instant action against, among others, defendant alleging that he had sustained a serious injury within the meaning of Insurance Law § 5102 (d).1 After answering, defendant moved for summary judgment dismissing the complaint.…