Appellate Division of the Supreme Court of the State of New York June 26, 2007 (Kouros v. Mendez)

*787In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (McMahon, J.), dated February 10, 2006, which granted the plaintiffs’ motion for summary judgment on the issue of liability and denied the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiffs did not sustain a serious