Vucic v. Rodriguez

*438In an action to recover damages for personal injuries, the defendant Segundo Rodriguez appeals from an order of the Supreme Court, Queens County (Dollard, J.), dated September 30, 2002, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The appellant made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure…