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KEANE v. MARINGOLA

270 A.D.2d 458 (2000)

705 N.Y.S.2d 294

MARNA KEANE et al., Respondents, v. CAROLYN MARINGOLA, Appellant.

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

Decided March 27, 2000.

Ordered that the judgment is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The court should have granted the defendant's motion for judgment as a matter of law. The evidence presented at trial was insufficient, as a matter of law, to prove that the plaintiff Marna Keane sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Kosto v Bonelli, 255 A.D.2d 557

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