Diaz v. Guzman

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about December 6, 2012, which, to the extent appealed from as limited by the briefs, granted defendants’ motions for summary judgment dismissing the complaint on the *449threshold issue of serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motions as to plaintiff Diaz’s claim of permanent consequential or significant limitation of use to his cervical spine, and plaintiff Gomez’s claim of permanent consequential or significant limitation of use of her right knee, and…