New York Supreme and/or Appellate Courts Appellate Division, First Department
October 16, 2012
JULIO REBOLLO, PLAINTIFF-APPELLANT,
NICHOLAS CAB CORP., ET AL., DEFENDANTS-RESPONDENTS. SOLIRIS COLUMBUS, ET AL., DEFENDANTS.
Rebollo v Nicholas Cab Corp.
Decided on October 16, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Sweeny, Acosta, Renwick, Manzanet-Daniels, JJ.
Order, Supreme Court, New York County (George J. Silver, J.), entered July 6, 2011, which, to the extent appealed from as limited by the briefs, granted defendants-respondents' motion for summary judgment dismissing plaintiff's serious injury claims regarding his right knee, right ankle, and cervical and lumbar spine injuries, unanimously modified, on the law, to deny the motion with respect to plaintiff's claimed right ankle fracture, and otherwise affirmed, without costs.
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]).
Plaintiff raised an issue of fact with respect to his right ankle injuries by presenting evidence of a fracture (see id.). Plaintiff also raised a triable issue of fact as to his right shoulder injuries which are not at issue on this appeal.
Should the jury determine that plaintiff has met the threshold for serious injury on his shoulder and/or ankle, it may award damages for all of plaintiff's injuries causally related to the accident, even those not meeting the serious injury threshold (see Linton v Nawaz, 14 NY3d 821 ; Rubin v SMS Taxi Corp., 71 AD3d 548 [1st Dept 2010]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 16, 2012
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