Santana v. Tic-Tak Limo Corp.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 6, 2012, which granted defendants’ motion for summary judgment dismissing the complaint based on the fail*573ure to establish a serious injury pursuant to Insurance Law § 5102 (d), and denied plaintiff’s cross motion for summary judgment on the issues of liability and the serious injury threshold, unanimously modified, on the law, to deny defendants’ motion to the extent it seeks dismissal of plaintiffs claim of a permanent consequential or significant limitation to her cervical spine, to grant plaintiffs cross motion to the…