- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Dec 13 2012 (Date Decided)
- Tom, J.P., Sweeny, Moskowitz, Renwick, Clark, JJ.
8810. ALYSON SILVERMAN, plfap, GEICO GENERAL INSURANCE COMPANY, ETC., PLAINTIFF, v. MTA BUS COMPANY def-res — Charles J. Chiclacos, Glen Cove (Susan R. Nudelman of counsel), for ap — Sullivan & Brill, LLP, New York (Adam A. Khalil and Joseph F. Sullivan of counsel), for res — Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered on or about October 5, 2011, which granted defendants' motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, to deny the motion with respect to the claims of "permanent consequential limitation" and "significant limitation" of the cervical and lumbar spine and the 90/180-day claim, and otherwise affirmed, without costs.