Appellate Division of the Supreme Court of the State of New York May 29, 2001 (Coward v. Thornton)

—In an action to recover damages for personal injuries, etc., the defendant Henry C. Thornton appeals from an order of the Supreme Court, Kings County (Held, J.), dated July 5, 2000, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).