Appellate Division of the Supreme Court of the State of New York December 10, 2001 (Mazzotta v. Vacca)

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Putnam County (Hickman, J.), dated August 15, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that neither plaintiff had sustained a serious injury within the meaning of Insurance Law § 5102 (d), and granted the cross motion of the