Vaughan-Ware v. Darcy

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Sher, J.), entered March 8, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff Kathleen Vaughan-Ware did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is denied.

The defendant met his prima facie…