Appellate Division of the Supreme Court of the State of New York March 25, 2016 (Barron v. Northtown World Auto)

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered January 28, 2015. The order, insofar as appealed from, granted those parts of the motion of defendants seeking summary judgment dismissing the complaint insofar as it alleged, as amplified by the bill of particulars, that plaintiff sustained a serious injury under the permanent consequential limitation of use