Clementson v. Price

Order, Supreme Court, New York County (George J. Silver, J.), entered April 6, 2012, which granted defendants’ motions for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motions as to plaintiff Clementson’s claim of permanent consequential or significant limitation to his lumbar spine, and otherwise affirmed, without costs.

Defendants made a prima facie showing that neither plaintiff suffered a serious injury by submitting the affirmed reports of a physician who…