Appellate Division of the Supreme Court of the State of New York June 23, 1997 (Konkowski v. Hoare)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated July 22, 1996, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff John Konkowski did not sustain serious *639injury as defined in Insurance Law § 5102 (d).