Sicca v. DCSF Trust

In an action to recover damages for personal injuries, the defendant Florence D. Zabokritsky appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated November 28, 2012, which denied her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her on the ground that she was not at fault in the happening of the subject accident, and dismissing the complaint insofar as asserted against her on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject…