Matos v. Urena

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered January 10, 2014, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the complaint based on the failure to establish a serious injury within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion denied.

Defendants made a prima facie showing of entitlement to judgment as a matter of law by showing that plaintiff did not sustain a serious injury to her cervical and lumbar spine by submitting the affirmed reports…