SWIFT v. NEW YORK TR. AUTH.

11956, 300595/08

115 A.D.3d 507 (2014)

981 N.Y.S.2d 706

2014 NY Slip Op 1668

KIM SWIFT, Appellant, v. NEW YORK TRANSIT AUTHORITY et al., Respondents.

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

Decided March 13, 2014.


Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 1, 2012, which granted defendants' motions for summary judgment dismissing the complaint on the threshold issue of serious injury under Insurance Law § 5102 (d), unanimously modified, on the law, to deny so much of the motions as sought to dismiss the claims of permanent consequential and significant limitations in use of the knees and a 90/180-day injury, and otherwise affirmed, without...

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