Elias v. Mahlah

Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered March 20, 2008, which denied defendant’s motion for summary judgment dismissing the complaint for failure to meet the “serious injury” threshold of Insurance Law § 5102 (d), unanimously modified, on the law, the motion granted with respect to plaintiff Lucia Elias’s direct claim, and granted with respect to plaintiff Abel Elias’s claim only to the extent it alleged injuries preventing him from performing substantially all of the material acts that constituted his usual and customary activities for not less than 90 days during…