McMillion v. Stewart

—In an action to recover damages for personal injuries, the defendant Richard M. Stewart appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated April 10, 1997, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him on the ground that plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

The Supreme Court erred in denying the appellant’s motion…