DeLeon v. J & J Towing, Inc.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings *987County (Ruchelsman, J.), dated September 8, 2005, which, upon reargument, in effect, vacated its prior order dated March 9, 2005, granting their motion for summary judgment dismissing the complaint on the ground that the plaintiff Ramon DeLeon did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) and denied the motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Supreme Court properly treated the motion of the plaintiff…