Bux v. Pervez

Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered on or about April 21, 2017, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the complaint based on plaintiff’s inability to demonstrate that he suffered a serious injury to his cervical spine, lumbar spine or right shoulder within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion with respect to plaintiff’s claims that he suffered a serious injury to his right shoulder, and otherwise affirmed, without costs.

Plain…