Gomez v. Davis

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 24, 2015, which granted defendant’s motion for summary judgment dismissing the complaint due to plaintiff’s inability to meet the serious injury threshold of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion with respect to plaintiff’s claims of permanent consequential and significant limitation of use of her cervical spine and lumbar spine, and otherwise affirmed, without costs.

Defendant established prima facie that plaintiff did not sustain a serious injury involving limitation of use…