Hackett v. AAA Expedited Freight Systems, Inc.

In an action to recover damages for personal injuries, the plaintiff Winnifred Smith appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Balter, J.), dated March 15, 2007, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted by her on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and denied, as academic, her cross motion for leave to serve an amended bill of particulars.

Ordered that the order is affirmed insofar as appealed…