Iaunow v. Hearns

—Judgment unanimously reversed, on the law and in the exercise of discretion, with costs, and a new trial granted in accordance with the following memorandum: The court erred in failing to charge the jury that permanent consequential limitation of use of a body organ or member constitutes a serious injury under Insurance Law § 5102 (d). Although the court correctly instructed the jury that significant limitation of use of a body function or system constitutes a serious injury, the court should also have charged regarding permanent consequential limitation of use (see, Savage v Delacruz, 100…