Ochs v. Trust

In an action to recover damages for personal injuries, the defendants Frank Mannino and Ehilip M. Licitra appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (McMahon, J.), dated May 2, 2006, as *515denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that Dinusha P. Ratnayake did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) and denied their cross motion for leave to amend their answer to assert the affirmative defense of lack of capacity to sue and to cap the…