Basmajian v. Min Wang

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Price, J.), dated October 31, 2003, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff Anthony Basmajian 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, the motion is denied, and the complaint is reinstated.

The Supreme Court erred in granting the defendant’s motion for summary judgment dismissing the…