Bernier v. Torres

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Satterfield, J.), entered February 17, 2010, which granted the defendant’s cross motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) and, in effect, denied, as academic, her motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, the defendant’s cross motion for summary judgment dismissing the…