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EFFIE MEYERS, ap, v. GENEVIEVE M. TARULLI res

EFFIE MEYERS, ap, v. GENEVIEVE M. TARULLI res — (INDEX NO. 100665/13)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Green, J.), dated March 12, 2015, which denied her cross motion for leave to amend the bill of particulars to allege that the subject accident exacerbated her preexisting injuries, granted the defendants' cross motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident, and denied, as academic, her motion for summary judgment on the issue of liability.

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EFFIE MEYERS, ap, v. GENEVIEVE M. TARULLI res — (INDEX NO. 100665/13)In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Green, J.), dated March 12, 2015, which denied her cross motion for leave to amend the bill of particulars to allege that the subject accident exacerbated her preexisting injuries, granted the defendants’ cross motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident, and denied, as academic, her motion for summary judgment on the issue of liability.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting the defendants’ cross motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law §5102(d) as a result of the subject accident, and substituting therefor a provision denying that cross motion; as so modified, the order is affirmed, with costs payable to the plaintiff, and the matter is remitted to the Supreme Court, Richmond County, for further proceedings in accordance herewith.

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