Liriano v. Ostrich Cab Corp.

Order, Supreme Court, New York County (Paul Wooten, J.), entered December 1, 2008, which denied the corporate defendant’s motion for summary judgment dismissing the complaint as against it, unanimously modified, on the law, the motion granted to the extent of dismissing any portion of the claims that might be based on the 90/180-day provision of Insurance Law § 5102 (d), and otherwise affirmed, without costs.

Triable issues were presented as to whether both plaintiffs *544sustained serious injuries under section 5102 (d) when the vehicle they were riding in was rear-ended by defendants’ vehicle.…