Swift v. New York Transit Authority

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J), entered October 1, 2012, which granted defendants’ motions for summary judgment dismissing the complaint on the threshold issue of serious injury under Insurance Law § 5102 (d), unanimously modified, on the law, to deny so much of the motions as sought to dismiss the claims of permanent consequential and significant limitations in use of the knees and a 90/180-day injury, and otherwise affirmed, without costs.

Defendants established prima facie the absence of serious injury to plaintiffs cervical spine by submitting their…