Silverstein v. DiFasano

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Roberto, J.), dated April 2, 1997, as, upon reargument, granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the injured plaintiff did not suffer a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is reversed insofar as appealed from, with costs, the defendant’s motion for summary judgment is denied, and the complaint is reinstated.

As the proponent of…