Peralta v. Carta

In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Kings County (Rosen*374berg, J.), dated November 20, 2001, as denied that branch of their motion which was for summary judgment dismissing the complaint on the ground that the plaintiff Evelyn Peralta did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint on the ground that the…