VILOMAR v. CASTILLO

2009-10526

73 A.D.3d 758 (2010)

901 N.Y.S.2d 651

GILBERTO VILOMAR, Respondent, v. FRANCISCO A. CASTILLO, Appellant.

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

Decided May 4, 2010.


Ordered that the order is reversed insofar as appealed from, with costs, and those branches of the defendant's motion which were for summary judgment dismissing the plaintiff's claims of serious injury under the permanent loss of use, the permanent consequential limitation of use, and the significant limitation of use categories of Insurance Law § 5102 (d) on the ground that the plaintiff did not sustain any such serious injuries within the meaning of that statute are...

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