Markel v. Scavo

Cross appeals from an order of the Supreme Court (Malone, Jr., J.), entered October 2, 2000 in Albany County, which partially denied defendants’ motion for summary judgment dismissing the complaint.

As a result of a motor vehicle accident, plaintiff Robert H. Markel (hereinafter plaintiff) and his wife, derivatively, commenced this action alleging that plaintiff sustained a serious injury as defined in two categories of Insurance Law § 5102 (d), namely, permanent loss of a use of a body organ, member, function or system and a medically determined injury or impairment that prevented him from…