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Linton v Nawaz (2010 NY Slip Op 02835)

Decided April 6, 2010
Linton v Nawaz, 62 AD3d 434, affirmed.
APPEARANCES OF COUNSEL
Baker, McEvoy, Morrissey & Moskovits, P.C., New York City (Stacy R. Seldin of counsel), for appellants.
Law Offices of Mark S. Gray, New York City (Peter J. Eliopoulos of counsel), for respondents.
{**14 NY3d at 822} OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
In this personal injury case in which a taxi struck the plaintiff, the evidence plaintiff proffered relating to injuries to his right shoulder and lumbosacral spine raised a triable [*2]question of fact as to whether he suffered a serious injury that was causally related to the accident under the permanent consequential limitation of use of a body organ or member and/or significant limitation of a body function or system criteria (see Insurance Law

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