Hazel v. Colon

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered May 1, 2014, which, insofar as appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the complaint for failure to address the issue of a 90/180-day serious injury under Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendants correctly contend that they addressed plaintiff’s claim of a serious injury in the 90/180-day category. Moreover, they established prima facie that plaintiff did not sustain a serious injury of that type by submitting evidence that the injuries…