Evans v. Mendola
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (John P Lane, J), entered July 8, 2005 in a personal injury action. The order granted defendant’s motion for summary judgment dismissing the amended complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating the amended complaint, as *1232amplified by the bill of particulars, with respect to the significant limitation of use of a body function or system and permanent consequential limitation of use of a body organ or member categories of…
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