DeMARCHI v. MARTINEZ


224 A.D.2d 651 (1996)

638 N.Y.S.2d 914

Michael DeMarchi, Respondent, v. Dolores L. Martinez et al., Appellants

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

February 26, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the ground that he had sustained a serious injury as defined by Insurance Law § 5102 (d) is denied.

Contrary to the Supreme Court's determination, the plaintiff failed to establish, as a matter of law, that he had suffered a "significant limitation of use of a body function or system" (Insurance Law ...

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