Mela v. Gentile

—In an action to recover damages for personal injuries, the defendant Vito Gentile appeals from an order of the Supreme Court, Richmond County (Ponterio, J.), dated January 28, 2003, which denied his 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 affirmed, with costs.

In support of his motion for summary judgment, the defendant submitted proof in evidentiary form which demonstrated that the plaintiffs injuries were not serious within the meaning of…