Kiernan v. Daimler-Chrysler Corp.

— In an action to recover damages for personal injuries, etc., the plaintiff Robert Kiernan appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated January 8, 2009, as denied his motion for summary judgment on the issue of whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is modified, on the law, by adding thereto a provision that the denial of the motion is with leave to renew upon the completion of discovery; as so modified, the order is affirmed insofar as appealed from,…