Appellate Division of the Supreme Court of the State of New York April 21, 1997 (Carucci v. Tzimopoulos)

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (McCarty, J.), dated June 19, 1996, which denied their motion for summary judgment dismissing the complaint based upon the plaintiff’s failure to sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.