Green v. Gloede

—Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motion for summary judgment seeking dismissal of the complaint on the ground that plaintiff did not sustain a "serious injury” within the meaning of Insurance Law § 5102 (d). In support of their motion, defendants submitted the deposition testimony of a physician who examined and treated plaintiff four times, from October 3, 1989 to November 29,1989. That physician opined that plaintiff had a mild partial disability from…