Stirling v. Schafer

*879OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs and matter remanded to the court below for a determination de novo of appellants’ motion for summary judgment.

Defendants Schafer and Hassleo moved for summary judgment on the ground that the plaintiffs did not satisfy the requirement of suffering a serious injury under Insurance Law § 5102 (d). The court denied the motion on the ground that there had been a prior motion for summary judgment on the issue of liability made by another driver, codefendant Mayer, and a cross motion by plaintiffs for the same relief which…