Rodriguez v. Martinez

—In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Westchester County (LaCava, J.), entered June 14, 2002, as denied that branch of their motion which was to dismiss the complaint insofar as asserted by the plaintiffs Carlos Rodriguez and Ana Rodriguez on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed insofar as appealed from, with costs, that branch of the motion which was to dismiss the complaint insofar as asserted…