Dingle v. New York City Transit Authority

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered September 26, 2014, which, to the extent appealed from, denied defendant Tomas R. Reyes’s motion for summary judgment dismissing the complaint based on plaintiff’s inability to establish a serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to grant the motion as to plaintiff’s claims of permanent consequential and significant limitation of use of the lumbar spine and left knee, and the 90/180-day claim, and otherwise affirmed, without costs.

Defendant met his prima facie…