Santos v. Perez

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered January 10, 2012, which granted defendants Gerardo Pena-Taveraz and American United Transportation II, Inc.’s motion for summary judgment dismissing the complaint for failure to satisfy the serious injury threshold under Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion with respect to plaintiff Aura Siri Santos’s claim of *573serious injury to her lumbar spine, and otherwise affirmed, without costs.

Plaintiffs Aura Siri Santos (Aura) and her sister Maria Siri Santos (Maria) allegedly suffered serious…