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10143. MISKENIA SANTANA, plf-ap, v. TIC-TAK LIMO CORP. def-res — Antin Ehrlich & Epstein, LLP, New York (Kimberly S. Edmonds of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for res — Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 6, 2012, which granted defendants’ motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law §5102(d), and denied plaintiff’s cross motion for summary judgment on the issues of liability and the serious injury threshold, unanimously modified, on the law, to deny defendants’ motion to the extent it seeks dismissal of plaintiff’s claim of a permanent consequential or significant limitation to her cervical spine, to grant plaintiff’s cross motion to the extent it seeks summary judgment on the issue of liability, and otherwise affirmed, without costs.

Plaintiff alleges she suffered injury to her cervical and lumbar spine, and missed 90 out of 180 days of work, following an accident in which defendant owner’s car rear-ended her car.

 
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