Fortino v. Fayetteville-Manlius Central School District

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered December 22, 2003. The order granted in part and denied in part defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff Lisa Fortino did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the motion with respect to the 90/180 category of serious injury within the meaning of Insurance Law §…