Livai v. Amoroso

In a negligence action to recover damages for personal injuries, the third-party defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated May 9, 1996, as denied his motion for summary judgment dismissing the third-party complaint based on the plaintiff’s failure to establish serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the motion for summary judgment, the plaintiff submitted an affirmation of her treating physician,…