MABIN v. MATOS

Order modified by granting the defendants' motion only to the extent of granting them summary judgment dismissing the plaintiff's first cause of action. As so modified, order affirmed, without costs or disbursements.

Even with her proposed amended bill of particulars, the plaintiff failed to adequately support her assertion that she suffered "serious injury" as defined in Insurance Law § 5102 (d) (see, Licari v. Elliott, 57 N.Y.2d 230; Nolan v. Ford, 100 A.D.2d 579, affd 64 N.Y.2d 681). The cause of action to recover for property damage, however, should not have been summarily dismissed. Mollen, P.J., Thompson, Rubin and Kunzeman, JJ., concur.