Dorsainvil v. Parker

OPINION OF THE COURT

Francois A. Rivera, J.

Carole Dorsainvil, as defendant on a counterclaim, moves pursuant to CPLR 3212 and Insurance Law § 5102 (d) for an order granting summary judgment dismissing her daughter’s complaint on the grounds that she has not suffered a serious injury and is therefore not entitled to recovery for noneconomic losses. Defendants cross-move for the same relief. Plaintiffs oppose the motion.

This is an action brought by the plaintiffs for personal injuries arising from a motor vehicle accident that occurred on August 31, 2002 at approximately 2:30 p.m. on Francis…