Forlong v. Faulton

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated September 28, 2005, as denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff Roy Forlong did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the defendants did not establish their prima facie entitlement to judgment as…