Mahoney v Seaman
2004 NY Slip Op 03532 [7 AD3d 494]
May 3, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 28, 2004


Anne Mahoney, Appellant,
v
Colette A. Seaman, Respondent.

[*1]In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lally, J.), entered May 21, 2003, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the facts, with costs, and the motion is denied.

There are issues of fact requiring the denial of summary judgment. Ritter, J.P., S. Miller, Townes, Crane and Rivera, JJ., concur.