Calcagno v. New York City Transit Authority

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Cusick, J.), dated July 27, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The Supreme Court correctly granted the defendant’s motion for summary judgment. Contrary to the plaintiff’s assertions, the defendant established a prima facie case that the plaintiff *422did not…