Byrnes v. Hertz Corp.

Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiffs commenced this action to recover damages for injuries allegedly sustained by Sheila M. Byrnes (plaintiff) in an automobile accident. Supreme Court erred in granting defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). With respect to plaintiffs’ allegation that plaintiff suffered a serious injury under the “90-out-of-180-day rule” (Gaddy v Eyler, 79 NY2d 955,…