Appellate Division of the Supreme Court of the State of New York October 16, 2012 (Rebollo v. Nicholas Cab Corp.)

Defendants made a prima facie showing of entitlement to summary judgment as to plaintiff’s claims of “permanent consequential limitation of use” and “significant limitation of use” of his right knee, right ankle, and cervical and lumbar spine (Insurance Law § 5102 [d]).

Flaintiff raised an issue of fact with respect to his right ankle injuries by presenting evidence of a fracture (see id.).