Appellate Division of the Supreme Court of the State of New York May 30, 2000 (Jimenez v. Kambli)

—In an action to recover damages for personal injuries and property damage, the defendant appeals *582from an order of the Supreme Court, Queens County (Milano, J.), dated January 29, 1999, which denied his motion, in effect, for summary judgment dismissing the first cause of action on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).