December 13, 2017 – M&H Wins Reversal In “Serious Injury” Threshold Appeal

In this personal injury action, the Appellate Division, Second Judicial Department reversed the order appealed from and determined, in accordance with M & H’s arguments on appeal, that summary judgment should not have been awarded because the plaintiff raised a triable issue of fact as to whether she sustained a “serious injury” within the meaning of Insurance Law § 5102(d).