Hernandez v. Almanzar

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered June 30, 2005, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

The first-named plaintiff seeks to recover for “serious injury” within the meaning of the No-Fault Law (Insurance Law § 5102 [d]) that she allegedly suffered in an automobile accident on February 9, 2002. In support of their motion for summary judgment, defendants submitted…