Maenza v. Letkajornsook

In a negligence action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Roncallo, J.), dated June 7, 1989, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In this personal injury action arising out of an automobile accident, the defendants moved for summary judgment on the ground, inter alia, that the plaintiff did not suffer a "serious injury” as defined by Insurance Law § 5102 (d). In…