Appellate Division of the Supreme Court of the State of New York March 11, 2010 (Williams v. Nelson)

*477Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 26, 2009, which granted defendants’ motion to dismiss the complaint for failure to show serious injury and denied plaintiffs cross motion for summary judgment on the issue of liability, unanimously modified, on the law, defendants’ motion denied, the complaint reinstated, and otherwise affirmed, without costs.