Appellate Division of the Supreme Court of the State of New York October 5, 2010 (Karvay v. Gueli)

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Adams, J.), dated June 25, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that neither of them sustained a serious injury within the meaning of Insurance Law § 5102 (d), and denied, as untimely and academic, their