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KELLY v. REHFELD

26 A.D.3d 469 (2006)

809 N.Y.S.2d 581

KELICA KELLY et al., Appellants, v. MICHAEL J. REHFELD, Respondent.

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

February 28, 2006.

Ordered that the order dated October 21, 2004, is reversed insofar as appealed from, on the law, with costs, upon reargument, the order dated June 18, 2004, is vacated, the motion for summary judgment is denied, and the first and second causes of action are reinstated.

The defendant failed to make a prima facie showing that the infant plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102...

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