Appellate Division of the Supreme Court of the State of New York November 13, 2014, 13449 308399/10 (Fludd v. Pena)

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 24, 2013, which granted defendants’ motion for summary judgment dismissing the complaint on the threshold issue of serious injury under Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion as to the claims of “permanent consequential” and “significant” limitations in use of the lumbar spine, and