As there is no evidence of a "loss of use" of plaintiff's back within the meaning of Insurance Law § 5102 (d), the critical question here is whether there was error in submitting to the jury the question of a "significant limitation of use of a body function or system", and not "permanent consequential limitation of use of a body organ or member." A "permanent consequential limitation" requires a greater degree of proof than a "significant limitation", as only the former...
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