In this action to recover for injuries sustained in a Queens County motor-vehicle accident, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, reversed the lower court’s summary judgment order and reinstated the complaint, holding that there were triable issues of fact as to whether the plaintiff had sustained serious injuries to his cervical and lumbar spine under the permanent consequential limitation of use and significant
limitation of use categories of Insurance Law § 5102(d).