Gemini v. Christ

Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered July 15, 2008, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, the 90/180-day portion of his “serious injury” claim dismissed, and otherwise affirmed, without costs.

Defendants’ medical expert evaluations of plaintiffs set forth the objective tests performed in support of their conclusions that plaintiffs did not suffer serious injury. Partial denial of their motion was nonetheless appropriate, inasmuch as plaintiffs, through the affidavits of their experts…