Opinion
November 24, 1986
Appeal from the Supreme Court, Westchester County (Cerrato, J.).
Ordered that the appeal from order entered April 19, 1985, is dismissed, as that order was superseded by order dated November 7, 1985; and it is further,
Ordered that the order dated November 7, 1985, is reversed insofar as appealed from, on the law, so much of the order entered April 19, 1985, as denied the defendant's cross motion for summary judgment is hereby vacated, that cross motion is hereby granted, and the complaint is dismissed; and it is further,
Ordered that the defendant is awarded one bill of costs.
The infant plaintiff suffered physical injuries when she cut her knee on a metal object that was protruding from within the interior of a vehicle that her father had rented from the defendant. The issue which we are asked to resolve on appeal is whether the plaintiffs sufficiently established that the infant suffered "serious injury" within the meaning of Insurance Law § 5102 (d).
The affidavits submitted by the plaintiffs fail to sufficiently demonstrate that the infant sustained serious injury so as to withstand the defendant's cross motion for summary judgment (see, Post v Broderick, 104 A.D.2d 977). Thompson, J.P., Bracken, Lawrence and Eiber, JJ., concur.