Kupka v. Emmerich

*596In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Tannenbaum, J.), dated June 3, 2003, which denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff Paul Kupka 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 defendant established a prima facie case that the plaintiff Paul Kupka (hereinafter the plaintiff) did not sustain…