GRACIELA LARA, ETC., APPELLANT plf, v. MARGARET NELSON res, (AND ANOTHER ACTION)

GRACIELA LARA, ETC., APPELLANT plf, v. MARGARET NELSON res, (AND ANOTHER ACTION). (INDEX NO. 600912/13)In an action to recover damages for personal injuries, the plaintiff Graciela Lara appeals, as limited by her notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Brown, J.), entered April 22, 2015, as granted those branches of the motion of the defendant Margaret Nelson and the separate motion of the defendants Lesly B. Francois and County of Nassau which were for summary judgment dismissing the complaint insofar as asserted by the plaintiff Graciela Lara against each of them on the ground that she did not sustain a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident.

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GRACIELA LARA, ETC., APPELLANT plf, v. MARGARET NELSON res, (AND ANOTHER ACTION). (INDEX NO. 600912/13)In an action to recover damages for personal injuries, the plaintiff Graciela Lara appeals, as limited by her notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Brown, J.), entered April 22, 2015, as granted those branches of the motion of the defendant Margaret Nelson and the separate motion of the defendants Lesly B. Francois and County of Nassau which were for summary judgment dismissing the complaint insofar as asserted by the plaintiff Graciela Lara against each of them on the ground that she did not sustain a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident.

ORDERED that the order is reversed insofar as appealed from, on the law, with one bill of costs to the plaintiff Graciela Lara payable by the respondents, those branches of the defendants’ separate motions which were for summary judgment dismissing the complaint insofar as asserted by the plaintiff Graciela Lara against each of them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law §5102 (d) as a result of the subject accident are denied, so much of the order as denied, as academic, that branch of the motion of the defendants Lesly B. Francois and County of Nassau which was for summary judgment dismissing the complaint in Action No. 1 insofar as asserted by the plaintiff Graciela Lara against them on the ground of no liability is vacated, and the matter is remitted to the Supreme Court, Nassau County, for a determination on the merits of that branch of the motion of the defendants Lesly B. Francois and the County of Nassau.

GRACIELA LARA, ETC., APPELLANT plf, v. MARGARET NELSON res, (AND ANOTHER ACTION)

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