FLUDD v. PENA

13449, 308399/10

122 A.D.3d 436 (2014)

997 N.Y.S.2d 14

2014 NY Slip Op 07747

SHAKINA FLUDD, Appellant, v. ANILFA PENA et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 13, 2014.


Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 24, 2013, which granted defendants' motion for summary judgment dismissing the complaint on the threshold issue of serious injury under Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion as to the claims of "permanent consequential" and "significant" limitations in use of the lumbar spine, and otherwise affirmed, without costs.

Defendants established prima facie...

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