Penoro v. Firshing

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated January 6, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff Lorraine Penoro did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

The defendant failed to make a prima facie showing that the plaintiff…