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MARIE DESIMONE v. ROYAL GM, INC.

49 A.D.3d 490 (2008)

856 N.Y.S.2d 628

ANNA MARIE DESIMONE, Respondent, v. ROYAL GM, INC., et al., Appellants.

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

Decided March 4, 2008.

Ordered that the judgment and the order are affirmed, with one bill of costs.

By failing to move for a directed verdict pursuant to CPLR 4401 on the issue of whether the plaintiff sustained a "serious injury" under Insurance Law § 5102 (d), the defendants implicitly conceded that the issue was for the trier of fact (see Miller v Miller, 68 N.Y.2d 871, 873 [1986];

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