JONES v. HAMPTON

2011-03597.

89 A.D.3d 1065 (2011)

933 N.Y.S.2d 614

2011 NY Slip Op 8730

MAGGIE TIESHA JONES, Appellant, v. RAHEEM A. HAMPTON, Respondent.

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

Decided November 29, 2011.


Ordered that the order is reversed, on the law, with costs, and the defendant's renewed motion for summary judgment dismissing the complaint is denied.

The defendant failed to meet his prima facie burden of showing that the plaintiff did not sustain a serious injury under the permanent consequential limitation of use and/or significant limitation of use categories of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 N.Y.2d...

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