Fernandez v. Niamou

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered July 17, 2008, which, insofar as appealed and cross-appealed from, granted defendants’ motion for summary judgment dismissing all of plaintiff’s threshold claims under Insurance Law § 5102 (d) except her loss of fetus claim, unanimously modified, on the law, to reinstate plaintiffs threshold claims with respect to the permanent consequential limitation of use of a body organ or member and significant limitation of use of a body function or system categories of serious injury *936within the meaning of Insurance Law § 5102…