Castillo v. Cinquina

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about July 7, 2010, which, to the extent appealed from as limited by the briefs, granted defendant’s motion for summary judgment dismissing the complaint based on the failure to establish a “permanent consequential limitation” or “significant limitation” within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion denied.

Defendant made a prima facie showing of entitlement to judg*661ment as a matter of law. Defendant submitted the affirmed report of an orthopedic surgeon who,…