Appellate Division of the Supreme Court of the State of New York December 21, 2010 (Austin v. Dominguez)

In an action to recover damages for personal injuries, the plaintiff Allison Connor appeals from an order of the Supreme Court,. Kings County (Starkey, J.), dated December 7, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint insofar as asserted by her on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).