Appellate Division of the Supreme Court of the State of New York May 26, 2009 (Mickens v. Khalid)

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered December 18, 2007, which granted defendants’ motion for summary judgment dismissing the complaint on the threshold issue of serious injury, and denied plaintiffs’ cross motion for partial summary judgment on the issue of liability as moot, unanimously affirmed, without costs.