Holmes v. Brini Transit Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered November 7, 2013, which, to the extent appealed from, denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them for failure to meet the serious injury threshold of Insurance Law § 5102 (d), unanimously modified, on the law, to dismiss the claim alleging injuries under the permanent consequential limitation of use category, and otherwise affirmed, without costs.
On June 8, 2009, plaintiff Earl Holmes allegedly sustained injuries to both knees when the car he was driving was rear-ended by…
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