Majority
p. 514Kim DiDomenico, Appellant, et al., Plaintiff, v Town of Hempstead et al., Respondents. [639 NYS2d 719]
p. 515
We agree with the Supreme Court that the appellant failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d). Thus, summary judgment was properly awarded to the defendants (see, Insurance Law § 5104 [a]; Licari v Elliott, 57 NY2d 230 ). Thompson, J. P., Friedmann, Florio and McGinity, JJ., concur.
Cases cited
- Licari v. Elliott 57 NY2d 230 p. 515