Smolyar v. Krongauz

In two related actions, inter alia, to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated September 12, 2002, as upon, in effect, granting his motion for leave to reargue, adhered to a prior determination in an order dated March 7, 2001, granting that branch of the motion of the defendant Josef Rottenstein which was for summary judgment dismissing the first cause of action insofar as asserted against him, on the ground that the plaintiff did not sustain a serious injury within the meaning of…