Stevens v. Bolton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered February 4, 2015, which granted defendant’s motion for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion as to the claim of a “significant limitation” of use of the right shoulder, and otherwise affirmed, without costs.
Defendant established prima facie that plaintiff did not sustain a “permanent consequential” or a “significant” limitation of use of the right shoulder through the report of her…
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