Colvin v. SlawoniewskiColvin v. Slawoniewski
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by David Colvin (plaintiff) in a motor vehicle accident. Supreme Court properly denied defendants’ motion for summary judgment dismissing the second amended complaint. Defendants met their initial burden by establishing as a matter of law that plaintiff did not sustain a serious injury within the meaning of the permanent consequential limitation of use, the significant limitation of use, and the 90/180 categories of serious injury (see Chunn v Carman, 8 AD3d 745, 746 [2004]; Dongelewic v Marcus, 6 AD3d 943 [2004]; Zeigler v Ramadhan, 5 AD3d 1080, 1082 [2004]). However, plaintiffs raised a triable issue of fact with regard to whether plaintiff sustained accident-related injuries qualifying under those categories of serious injury (see Chunn, 8 AD3d at 746-747; Green v Ross, 6 AD3d 1199, 1200 [2004]; Stokes v Brown, 2 AD3d 1373, 1374-1375 [2003]). We further conclude that there is a triable issue of fact with regard to whether, as a result of the accident, plaintiffs sustained economic loss in excess of basic economic loss, for which loss plaintiffs may recover without proof of serious injury (see Montgomery v Daniels, 38 NY2d 41, 47-48 [1975]; Barnes v Kociszewski, 4 AD3d 824, 825 [2004]; Tortorello v Landi, 136 AD2d 545, 545-546 [1988]; see also