Garvey v. Talukder

Order, Supreme Court, New York County (Paul Wooten, J.), entered July 23, 2009, which granted defendants’ motion for summary judgment dismissing the complaint for lack of a serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, the motion denied to the extent of reinstating that portion of the complaint premised on allegations of serious injury involving permanent limitation of use of a body member and permanent limitation of use of a body function or system, and otherwise affirmed, without costs.

Defendants’ experts did not address MRIs indicating…