Vargas v. Marte

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 6, 2014, which denied defendants’ motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d) and to demonstrate property damage, and granted plaintiffs cross motion for summary judgment on the issue of liability, unanimously modified, on the law, to grant defendants’ motion to the extent it seeks dismissal of plaintiffs claim for property damage and to deny plaintiff’s cross motion, and otherwise affirmed, without costs.

Defendants made a prima…