Boateng v. Calle

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered May 22, 2012, which, insofar as appealed from, denied defendant Pompeyo G. Calle’s motion for summary judgment dismissing the complaint based upon the failure to establish a serious injury within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, the motion granted, and, upon a search of the record, defendant Allen’s motion for summary judgment dismissing the complaint granted. The Clerk is directed to enter judgment accordingly.

Defendant Calle established his entitlement to judgment as a *542ma…