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DELSOIN v. VIDALE

202 A.D.2d 550 (1994)

610 N.Y.S.2d 816

Agdi Delsoin, an Infant, by Jean-Louis Chery, as Guardian ad Litem, Respondent, v. Gemma Vidale, Defendant, and Margarette Delsoin et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 21, 1994

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiff established a prima facie showing of "serious injury" within the meaning of Insurance Law § 5102 (d). Thus, the court correctly denied the appellants' motion for summary judgment dismissing the complaint insofar as it is asserted against them (see, Insurance Law § 5104 [a]; Licari v Elliott,

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