Funderburk v. Gordon

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated May 6, 1999, which granted the defendant’s 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).

Ordered that the order is affirmed, with costs.

The affidavits of the defendant’s experts submitted on the motion for summary judgment established that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).…