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KEANE v. MARINGOLA
Appellate Division of the Supreme Court of New York, Second Department.
Mar 30, 2000
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DECISION ORDER
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 ofInsurance Law ยง 5102(d) (see, Kosto v. Bonelli, 255 A.D.2d 557 ;Fountain v. Sullivan, 261 A.D.2d 795 ; DiPalma v. Villa, 237 A.D.2d 323 ).
KRAUSMAN, J.P., H. MILLER, SCHMIDT, and SMITH, JJ., concur.
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