Appellate Division of the Supreme Court of the State of New York October 20, 2009 (Delacruz v. Ostrich Cab Corp.)

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Saitta, J.), dated March 5, 2009, which denied their mo*819tion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).