Lugo v. Adom Rental Transportation, Inc.

Order, Supreme Court, Bronx County (Ben R Barbato, J.), entered February 7, 2012, which denied defendants Adorn Rental Transportation and Mamdee Jomandy’s motion for summary judgment dismissing the complaint as against them on the threshold issue of serious injury under Insurance Law § 5102 (d), unanimously modified, on the law, to grant the motion as to all plaintiff Luz Bermudez’s claims and as to plaintiff Jelissa Lugo’s 90/180-day claim, and otherwise affirmed, without costs.

Defendants established prima facie the absence of a serious injury in Bermudez’s cervical spine, lumbar spine, and…