January 18, 2023 – M&H Wins Reversal And Reinstatement Of Complaint By Challenging Movant’s Prima Facie Showing In Connection With Serious – Injury Threshold Motion

The Appellate Division, Second Judicial Department, in accordance with M&H’s arguments on appeal, reversed the lower court’s order and reinstated the complaint against Defendants, citing Defendants’ failure to meet their prima facie burden in connection with the 90/180 category of “serious injury,” as defined by Insurance Law 5102(d), and proximate causation.

Clarke v. Doe