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SMITH, JR. v. WETZEL

294 A.D.2d 488 (2002)

742 N.Y.S.2d 568

THOMAS G. SMITH, JR., Respondent, v. WILLIAM J. WETZEL, Appellant.

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

Decided May 20, 2002.

Ordered that the order is affirmed, without costs or disbursements.

The defendant's motion papers failed to establish, prima facie, his entitlement to judgment as a matter of law dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Junco v Ranzi, 288 A.D.2d 440; Mendola v Demetres...

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