Garcia v. Leon

Order, Supreme Court, Bronx County (Sallie ManzanetDaniels, J.), entered January 22, 2009, that denied defendants’ motion for summary judgment dismissing plaintiffs’ claims based on Insurance Law § 5102 (d), unanimously modified, on the law, the motion granted to the extent of dismissing plaintiffs’ claims based on the 90/180-day provision of Insurance Law § 5102 (d), and otherwise affirmed, without costs.

Defendants do not argue on appeal that the court erred when it ruled defendants failed to meet their initial burden of proof as to plaintiff Mark Garcia’s injuries, as they limited their…