Birch v. 31 Northern Blvd., Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered September 10, 2015, which granted defendant 31 Northern Blvd., Inc.’s motion for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion as to the claims of “permanent consequential” and “significant” limitations in use of the cervical and lumbar spine, and otherwise affirmed, without costs. Order, same court and Justice, entered August 4, 2015, which denied plaintiff’s motion for summary judgment…
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