Appellate Division of the Supreme Court of the State of New York November 9, 2010 (Palma v. Rosa)

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 11, 2009, which granted defendant’s motion for summary judgment dismissing plaintiffs complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny so much of defendant’s motion as sought dismissal of plaintiffs 90/180-day