Borino v. Little

Insurance Law § 5102 (d) sets forth nine specific categories of serious injury. A plaintiff need only establish that his or her injuries fall under one of those categories (see, Licari v Elliott, 57 NY2d 230). Evidence of a significant but not necessarily permanent limitation of use of a body function or system is sufficient (see, Lopez v Senatore, 65 NY2d 1017). The plaintiff is not required to establish that the limitation precluded him or her from performing usual and customary daily activities (see, Paternoster v Drehmer, 260 AD2d 867).

In support of their motion for summary judgment, the…