Opinion
2001-05849
Submitted March 6, 2002.
April 15, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Galasso, J.), entered April 12, 2001, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Ezra and Howe, Elmont, N.Y. (Joel S. Ezra of counsel), for appellant.
Schondebare Brown, LLP, Ronkonkoma, N.Y. (John M. Denby of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed, with costs.
The plaintiff contends that the Supreme Court erred in granting the defendant's motion for summary judgment on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d) because this issue was necessarily decided in a prior order of the same court which granted his motion for partial summary judgment on the issue of liability. Since this argument is improperly advanced for the first time on appeal, it is unpreserved for appellate review (see Weber v. Jacobs, 289 A.D.2d 226; Gorenstein v. Debralaurie Realty Co., 280 A.D.2d 642; Rosendale v. Galin, 266 A.D.2d 444; Orellano v. Samples Tire Equip. and Supply Corp., 110 A.D.2d 757, 758).
SANTUCCI, J.P., GOLDSTEIN, LUCIANO, SCHMIDT and CRANE, JJ., concur.