Appellate Division of the Supreme Court of the State of New York November 1, 2004 (McPhaul-Morgan v. E.L. Corp.)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated October 14, 2003, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Janice McPhaul-Morgan did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).