Appellate Division of the Supreme Court of the State of New York May 19, 1997 (Joseph v. Automotive Rentals Inc.)

In an action to recover damages for personal injuries, the defendant Phero Borgella appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated June 5, 1996, which denied his motion for summary judgment dismissing the complaint insofar as asserted by the plaintiff Ruth Charles against him on the ground that she did not sustain a serious injury as defined by Insurance Law §