Appellate Division of the Supreme Court of the State of New York May 5, 2009 (Bonilla v. Tortoriello)

*638In an action to recover damages for personal injuries, the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated February 28, 2008, as granted the defendant’s motion for summary judgment dismissing the complaint on the ground that none of them sustained a serious injury within the meaning of Insurance Law § 5102 (d).