Joseph v. Layne

In an action to recover damages for personal injuries, the defendants David Anthony Nelms, Fenske Truck Leasing Corporation, and Songbird Express appeal from an order of the Supreme Court, Kings County (Harkavy, J.), dated January 12, 2005, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them 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 reversed, on the law, with costs to *517the appellants payable by the plaintiff, the appellants’ motion is granted,…