MALESA, WALTER P. v. BURG, KRISTI M.

Appeal from an order of the Supreme Court, Erie County (Michael L. D’Amico, A.J.), entered January 5, 2012. The order, insofar as appealed from, denied the motion of defendants 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 permanent consequential limitation of use and significant limitation of use categories of serious injury within the meaning of Insurance Law § 5102 (d) and as…