Sauer v. Marks

In an action to recover damages for personal injuries, the plaintiff Amanda Sauer appeals from so much of an order of the Supreme Court, Nassau County (Lally, J.), entered August 26, 1999, as granted that *302branch of the defendant’s motion which was for summary judgment dismissing the complaint insofar as asserted by her on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant met his initial burden of establishing as a matter of law that the appellant did not…