Blocker v. Yun Baek Sung

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered June 11, 2014, which granted defendants’ motion for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law § 5102 (d), and denied plaintiff’s cross motion for summary judgment on the issue of liability as moot, unanimously modified, on the law, to deny defendants’ motion with respect to the claim of serious injury to the lumbar spine, and to grant plaintiffs cross motion, and otherwise affirmed, without costs.

Defendants established prima facie that plaintiff did not…