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ANDERSON v. PENA

13509, 308401/10

122 A.D.3d 484 (2014)

997 N.Y.S.2d 40

2014 NY Slip Op 07948

PETRA ANDERSON, Appellant, v. ANILFA PENA et al., Respondents.

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

Decided November 18, 2014.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 29, 2013, which granted defendants' motion for summary judgment dismissing the complaint on the threshold issue of serious injury pursuant to Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion as to plaintiff's claims of "significant" and "permanent consequential" limitations in use of her cervical spine, and otherwise affirmed...

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