Grullon v. Perez

In an action to recover damages for personal injuries, etc., the defendants Donald A. Sutherland and Pick Service Corp. appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Harkavy, J.), dated June 28, 2006, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff Paola De La Cruz did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed insofar as appealed from, with costs.

On November 19, 2003 the infant plaintiff…