Appellate Division of the Supreme Court of the State of New York June 23, 2009 (Catalano v. City of New York)

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Richmond County (Mega, J.), entered May 7, 2008, which, upon an order of the same court dated June 25, 2004, granting the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of the