Calderon v. Elsenreich

—In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Queens County (Schmidt, J.), dated April 8, 1999, as denied that branch of his motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Luz Dary Calderon on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).. Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant’s motion which was for summary judgment dismissing…