Appellate Division of the Supreme Court of the State of New York June 2, 1997 (Weinstein v. Saffer)

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (DeMaro, J.), dated June 25, 1996, which, upon an order of the same court dated April 12, 1996, granting the defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d), dismissed the