Appellate Division of the Supreme Court of the State of New York January 12, 1995 (Mills v. New York City Health & Hospitals Corp.)

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered September 22, 1993, upon a jury verdict, in favor of defendant, unanimously affirmed, without costs.

The evidence at trial did not warrant an instruction asking the jury to determine whether plaintiff suffered a "significant limitation of use of a body function or system” as defined in section 5102 (d) of the Insurance Law.