Appellate Division of the Supreme Court of the State of New York October 20, 2009 (Loor v. Lozado)

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Flaherty, J.), dated April 23, 2009, which denied his motion 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).

*848Ordered that the order is affirmed, with costs.