Appellate Division of the Supreme Court of the State of New York July 2, 2001 (Runkel v. Mike Ryan Tree Service, Inc.)

—In an action, inter alia, to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Oshrin, J.), dated March 26, 2001, as denied their motion for summary judgment dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d).