Appellate Division of the Supreme Court of the State of New York June 9, 2003 (Argudo v. Scandariato)

—In an action to recover damages for personal injuries, etc., the defendant appeals from *302an order of the Supreme Court, Suffolk County (Werner, J.), dated January 2, 2003, which denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff Lisandra Argudo did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).