McDonald v Stroh

2007 NY Slip Op 07667 [44 AD3d 720]

October 9, 2007

Appellate Division, Second Department

As corrected through Wednesday, December 12, 2007

Fred McDonald, Respondent, v Simon Stroh,Appellant.

—[*1]Irwen C. Abrams (Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, N.Y.[Joseph A.H. McGovern and John D. Morio] of counsel), for appellant.

Joseph N. Di Grazia, Brooklyn, N.Y. (Louis R. Lombardi of counsel), forrespondent.

In an action, inter alia, to recover damages for personal injuries, the defendant appeals froman order of the Supreme Court, Kings County (Balter, J.), entered July 12, 2006, which deniedhis motion for summary judgment dismissing the complaint on the ground that the plaintiff didnot sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the appeal is dismissed, without costs or disbursements, as the order wassuperseded by an order of the same court entered December 12, 2006, made upon reargument(see McDonald v Stroh, 44 AD3d 720 [2007] [decided herewith]). Crane, J.P.,Ritter, Fisher, Covello and Dickerson, JJ., concur.