Colon v. Vargas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*513In an action to recover damages for personal injuries, the defendant Cesar D. Zepeda appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schneier, J.), dated February 18, 2005, as denied his cross motion for summary judgment dismissing the complaint insofar as asserted against him 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 insofar as appealed from, on the law, with costs, the cross motion is granted, upon searching the record, summary judgment…
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