Mustello v. Szczepanski

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Underwood, J.), dated April 1, 1997, which denied their motion for partial summary judgment on the issue of whether the plaintiff Bruce Mustello suffered a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, and the plaintiffs’ motion for partial summary judgment is granted.

Upon our review of the record, we find that the plaintiffs sustained their burden of demonstrating, through the submission of…