Bagan v. Tomer

Order, Supreme Court, New York County (Arlene R Bluth, J.), entered September 5, 2014, which, insofar as appealed from, denied, without prejudice, defendant Onkar S. Tomer’s motion for summary judgment dismissing the complaint on the grounds that plaintiff did not sustain a serious injury under Insurance Law § 5102 (d), and granted plaintiff’s cross motion for leave to amend the bill of particulars to add an allegation of a nasal fracture, unanimously affirmed, without costs.

The motion court providently exercised its discretion in granting plaintiff’s cross motion for leave to amend the bill…