Luberda v. Spameni

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated February 20, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) and denied his cross motion pursuant to CPLR 3025 (b) for leave to amend the bill of particulars to plead a significant disfigurement.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted,…