Linton v. Nawaz

Catterson and McGuire, JJ.,

dissent in part in a memoran-

dum by McGuire, J., as follows: I agree with the majority that plaintiffs’ claim under the 90/180-day provision of Insurance Law § 5102 (d) must be dismissed. However, I would also dismiss the claims premised on injuries to plaintiff John R. Linton’s spine and left knee.

Plaintiffs allege that John Linton sustained injuries to his spine, left knee and right shoulder when he was struck by a vehicle driven by defendant Muhammad Nawaz and owned by defendant Chire Taxi, Inc. In support of their motion for summary judgment dismissing the…