Figueroa v. Ortiz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered September 9, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant established entitlement to judgment as a matter of law in this action where plaintiff alleges that, as a result of a motor vehicle accident, she suffered serious injuries to her spine, right shoulder and right hip. Regarding the “permanent consequential” and “significant” limitations-in-use categories of Insurance Law § 5102 (d), defendant demonstrated that plaintiff did not suffer a…
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