Greenwood v. Tuzzolo

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Skelos, J.), dated January 6, 2004, 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 affirmed, with costs.

The findings of the defendants’ examining neurologist were insufficient to establish a prima facie case in their favor (see Meiheng Qu v Doshna, 12 AD3d 578 [2004]; Rodriguez v J & K Taxi, Inc., 12 AD3d…