Servones v.Toribio

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 16, 2004, which, to the extent appealed from as limited by the briefs, granted defendant Cruz’s motion for summary judgment dismissing the complaint on the grounds that neither plaintiff suffered serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, the complaint reinstated with respect to plaintiff Joseph’s claim against Cruz, and otherwise affirmed, without costs.

Defendant Cruz’s examining physicians found that plaintiff Janot Joseph (identified in the record as Joseph Gavot)…