Appellate Division of the Supreme Court of the State of New York March 8, 2017, 2016-02017 (Cortes v. Donaldson)

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Martin, J.), dated December 21, 2015, which denied their motion for summary judgment

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dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.