Elmer v. Amankwaah

— Appeal from an order of Supreme Court, Oneida County (Shaheen, J.), entered December 19, 2002, which granted defendant’s motion for summary judgment in part and dismissed the second cause of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating the second cause of action with respect to the permanent consequential limitation of use of a body organ or member and significant limitation of use of a body function or system categories of serious injury within the *1351meaning of Insurance Law…