Borzillieri v. Jones

I respectfully dissent in part and would modify the order by denying defendant’s motion in part and reinstating the complaint, as amplified by the bill of particulars, with respect to the fracture category of serious injury within the meaning of Insurance Law § 5102 (d). In support of his motion, defendant submitted a report that addressed a CT scan performed after the accident, indicating that plaintiff had spondylolysis at L5-S1. Spondylolysis, which is defined as the “[b]reaking down or degeneration of a vertebra” (Am Jur Proof of Facts 3d, Attorney’s Illustrated Medical Dictionary S58),…