Wilcoxen v. Palladino

In an action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Westchester County (Giacomo, J.), dated October 3, 2013, as denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident, and the plaintiff cross-appeals from so much of the same order as denied his cross motion for summary judgment on the issue of whether he sustained a serious injury within the meaning of Insurance…