Nociforo v. Penna
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated September 29, 2006, as denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Philip Nociforo did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and granted the plaintiffs’ cross motion for leave to amend their bill of particulars.
Ordered that the order is modified, on the law, by deleting the provision thereof denying the…
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