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STIRLING v. SCHAFER

196 Misc.2d 878 (2003)

763 N.Y.S.2d 878

RAMSEY STIRLING et al., Respondents, v. JAMES F. SCHAFER et al., Appellants, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

July 7, 2003.

Attorney(s) appearing for the Case

Martyn, Toher, Esposito & Martyn, Mineola (Catherine M. Martyn of counsel), for appellants.

Ressler & Ressler, New York City (David Paul Horowitz of counsel), for respondents.

WINICK, J.P., LIFSON and SKELOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs and matter remanded to the court below for a determination de novo of appellants' motion for summary judgment.

Defendants Schafer and Hassleo moved for summary judgment on the ground that the plaintiffs did not satisfy the requirement of suffering a serious injury under Insurance Law § 5102 (d). The court denied the motion...

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