Howard v. Rogalski

—Appeal from an order of Supreme Court, Cayuga County (Corning, J.), entered November 20, 2000, which denied defendants’ motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint. Defendants met their initial burden by establishing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and plaintiff…