Defendants, through the affirmed reports of a radiologist, orthopedic surgeon and neurologist, made a prima facie showing of entitlement to summary judgment regarding plaintiff's claim of serious injury on the theory of "permanent consequential limitation of use of a body organ or member" (Insurance Law § 5102 [d]).
However, plaintiff's expert raised a triable issue of fact on this theory of serious injury. Plaintiff's expert, who reviewed the relevant medical...
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