RAMON REYES plf-ap, v. SE PARK def-res, JEFF S. VOGEL def

14786. RAMON REYES plf-ap, v. SE PARK def-res, JEFF S. VOGEL def — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Picciano & Scahill, P.C., Westbury (Andrea E. Ferrucci of counsel), for Se Park and Sang K. Park, res — The Law Offices of Edward M. Eustace, White Plains (Rose M. Cotter of counsel), for Francisco Munoz-Hernandez and Arbee Management, Inc., res — Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered December 19, 2013, which, to the extent appealed from as limited by the briefs, upon defendants' motions, granted defendants summary judgment dismissing plaintiff Ramon Reyes's claims for failure to demonstrate a serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, to deny the motion of defendants Munoz-Hernandez and Arbee Management, Inc. (collectively the Munoz-Hernandez defendants) and the motion of the Park defendants to the extent the motions are based on the lack of a permanent or significant limitation of use of plaintiff's spine, and grant the motions of the Munoz-Hernandez defendants and of defendants Vogel and RWV Land & Livestock, Inc. (collectively the Vogel defendants) to the extent the motions are based on their lack of liability, and otherwise affirmed, without costs.

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14786. RAMON REYES plf-ap, v. SE PARK def-res, JEFF S. VOGEL def — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Picciano & Scahill, P.C., Westbury (Andrea E. Ferrucci of counsel), for Se Park and Sang K. Park, res — The Law Offices of Edward M. Eustace, White Plains (Rose M. Cotter of counsel), for Francisco Munoz-Hernandez and Arbee Management, Inc., res — Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered December 19, 2013, which, to the extent appealed from as limited by the briefs, upon defendants’ motions, granted defendants summary judgment dismissing plaintiff Ramon Reyes’s claims for failure to demonstrate a serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, to deny the motion of defendants Munoz-Hernandez and Arbee Management, Inc. (collectively the Munoz-Hernandez defendants) and the motion of the Park defendants to the extent the motions are based on the lack of a permanent or significant limitation of use of plaintiff’s spine, and grant the motions of the Munoz-Hernandez defendants and of defendants Vogel and RWV Land & Livestock, Inc. (collectively the Vogel defendants) to the extent the motions are based on their lack of liability, and otherwise affirmed, without costs.

Plaintiff contends that he suffered serious injury to his cervical, thoracic and lumbar spine following a motor vehicle accident that occurred when he was a passenger in the Munoz-Hernandez defendants’ vehicle, which was rear-ended by the Park defendants’ car. He also alleges that he was unable to perform substantially all of his customary activities for at least 90 out of the 180 days following the accident.

RAMON REYES plf-ap, v. SE PARK def-res, JEFF S. VOGEL def

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