McSweeney v. Cho

Order, Supreme Court, New York County (George J. Silver, J.), entered August 13, 2012, which, to the extent appealed from, denied defendant’s motion for summary judgment dismissing the complaint based on plaintiffs failure to demonstrate that he suffered a serious injury within the meaning of Insurance Law § 5102 (d), and granted plaintiffs cross motion for partial summary judgment on the issue of liability and for leave to amend his bill of particulars, unanimously affirmed, without costs.

In October 2008, defendant’s car struck plaintiff, an auxiliary police officer, as he was directing…