Elie v. City of New York

OPINION OF THE COURT

Kevin J. Kerrigan, J.

It is ordered that the motion is decided as follows:

That branch of the motion by plaintiff for partial summary judgment on the issue of serious injury in that plaintiff suffered a fracture which is a category of serious injury under section 5102 (d) of the Insurance Law is granted. That branch of the motion for “the reservation of rights to introduce several different theories regarding serious injury at trial” is denied as moot.

Plaintiff, a pedestrian, allegedly sustained personal injuries as a result of being struck by a dump truck owned by the City…