D'Alba v. Yong-Ae Choi
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, the plaintiff appeals from an order of the Supreme Court, Queens County (Erice, J.), dated April 1, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof granting that branch of the defendants’ motion which was for summary judgment dismissing the second cause of action and…
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