SEWELL v. KAPLAN


298 A.D.2d 840 (2002)

747 N.Y.S.2d 859

SCHELETTA A. SEWELL, Respondent, v. PHILIP J. KAPLAN, Appellant.

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

Decided October 1, 2002.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting defendant's cross motion in part and dismissing the complaint to the extent that it alleges that plaintiff sustained a serious injury under the categories of permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system and permanent loss of use of a body organ, member, function or system...

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