GATTI, SARAHANN v. SCHWAB, RODGER J.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered January 20, 2015. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the complaint, as amplified by the bill of particulars, with respect to the 90/180-day category of serious injury within the meaning of Insurance Law § 5102 (d) and as modified the order is affirmed without costs.

Memorandum: In this action to recover damages for serious…