Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered January 31, 2012, which granted defendants Shaughnessy, Moreta, and Thomas V. Shaughnessy Construction Corp.'s and defendants New York City Transit Authority, Manhattan and Bronx Surface Transit Operating Authority and Fuentes's motions for summary judgment dismissing the complaint as against them on the threshold issue of serious injury pursuant to Insurance Law § 5102 (d), unanimously modified...
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