Burgos v. Diop

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 3, 2015, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiff Alphonso Lythcott’s cl aims alleging serious injuries to his shoulders under the “permanent consequential” and “significant” limitation of use categories and the 90/180-day injury category of Insurance Law § 5102 (d), unanimously modified, on the law, the motion denied to the extent plaintiff alleges serious injuries to his shoulders under the “significant limitation of use” category,…