Matheus v. Weiss
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), dated April 1, 2004, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Jacqueline Matheus did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The appeal brings up for review so much of an order of the same court dated August 10, 2004, as, in effect, denied that branch of the plaintiffs’ motion which was for leave to renew the motion for summary judgment…
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