Yakubov v. CG Trans Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*510In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated June 3, 2005, which denied their motion for summary judgment dismissing the complaint 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 reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants’ evidence, consisting of the plaintiffs deposition testimony, the bill of particulars, and the affirmed medical report of…
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