Rojas v. Livo Car Inc.

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered on or about January 5, 2010, which denied defendants’ motion for summary judgment seeking to dismiss the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to grant the motion as to plaintiffs 90/180-day claim, and otherwise affirmed, without costs.

On March 28, 2007, plaintiff, who was 32 years old at the time, was injured when a vehicle struck him while he was walking and knocked him to the ground. Plaintiff sustained a…