Sidhari v City of New York
2010 NY Slip Op 02537 [71 AD3d 982]
March 23, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Seoram Sidhari, Appellant,
v
City of New York et al., Respondents.

—[*1] Everett J. Petersson, P.C., Brooklyn, N.Y. (Michael A. Serpico of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath, Janet DeLuca, and Susan B. Eisner of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Flug, J.), dated September 30, 2009, as denied that branch of his motion which was for summary judgment on the issue of serious injury, with leave to renew upon completion of discovery.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contentions, the Supreme Court properly denied that branch of his motion which was for summary judgment on the issue of serious injury, with leave to renew upon completion of discovery (see CPLR 3212 [f]). Skelos, J.P., Dillon, Angiolillo, Eng and Sgroi, JJ., concur.