Angeles v. Versace Inc.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered October 2, 2013, which granted defendants’ motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), and denied plaintiffs cross motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not sustain an injury involving a “significant” or “permanent consequential” limitation of use of his lumbar spine.

However, plaintiffs submissions do not create an…