Palma v. Rosa

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 11, 2009, which granted defendant’s motion for summary judgment dismissing plaintiffs complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny so much of defendant’s motion as sought dismissal of plaintiffs 90/180-day claim, and otherwise affirmed, without costs.

On the issue of permanent injury, defendant’s submissions, which included the affirmations of his orthopedist and radiologist, met his prima facie burden…