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KHANIN v. COHAN

294 A.D.2d 542 (2002)

742 N.Y.S.2d 878

VICTOR KHANIN et al., Appellants, v. ROSELLE COHAN, Respondent.

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

Decided May 28, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

Assuming that the defendant made out a prima facie case for summary judgment establishing her entitlement to judgment as a matter of law dismissing the complaint on the ground that neither plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler,

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