Francis v. Nelson

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered on or about March 27, 2015, which, insofar as appealed from, upon reargument, denied defendants’ motion for summary judgment dismissing the claims of serious injury resulting in “significant” or “permanent consequential limitation of use” within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

The court properly granted reargument based on plaintiff’s contention that the unaffirmed CT scan…