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PHILLIPS v. COSTA

160 A.D.2d 855 (1990)

Myrna Phillips et al., Respondents, v. Vincent Costa et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 16, 1990

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Keeping in mind that "a minor, mild or slight limitation of use [of a body function or system] should be classified as insignificant within the meaning of the statute" (Licari v Elliott, 57 N.Y.2d 230, 236), and that "any assessment of the `significance' of a bodily...

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