Castillo v. Abreu

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered December 12, 2014, which granted defendants’ motion for summary judgment dismissing the complaint based on plaintiff’s failure to establish that he suffered a “serious injury” to his left shoulder, lumbar spine, or cervical spine within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion with respect to plaintiff’s claims of serious injury to his lumbar spine and cervical spine, and otherwise affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not sustain…