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McLAUGHLIN v. VANHOUTEN

283 A.D.2d 407 (2001)

723 N.Y.S.2d 894

LAURA J. McLAUGHLIN, Respondent, v. RICHARD W. VANHOUTEN, Appellant.

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

Decided May 7, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiff's motion for renewal (see, Matter of PKS Dev. Co. v Kahn Lbr. & Millwork Co., 187 A.D.2d 656). Further, there is a question of fact as to whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d). Thus, summary judgment was properly denied to the defendant...

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