Smith v. City of Syracuse

Appeal from that part of an order of Supreme Court, Onondaga County (Major, J.), entered August 28, 2002, that denied in part defendants’ motion seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied that part of defendants’ motion seeking summary judgment dismissing the claim of plaintiff that she sustained a serious injury under the significant limitation of use of a body function or system category of Insurance Law § 5102 (d). Plaintiff was…