Key Takeaway
Court of Appeals rules 5102(d) threshold motions must be decided "all or nothing" - once plaintiff proves any serious injury category, entire motion fails.
This article is part of our ongoing 5102(d) issues coverage, with 90 published articles analyzing 5102(d) issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Linton v Nawaz, 2010 NY Slip Op 02835 (2010)
“he evidence plaintiff proffered relating to injuries to his right shoulder and lumbosacral spine raised a triable question of fact as to whether he suffered a serious injury that was causally related to the accident under the permanent consequential limitation of use of a body organ or member and/or significant limitation of a body function or system criteria (see Insurance Law § 5102). Since plaintiff established that at least some of his injuries meet the “No Fault” threshold, it is unnecessary to address whether his proof with respect to other injuries he allegedly sustained would have been sufficient to withstand defendants’ motion for summary judgment.”
In the context of this 5102(d) action, once a plaintiff raises an issue of fact as to any of the pleaded threshold categories, the defendant’s motion must be categorically denied. This case seems to direct the lower courts to stop using CPLR 3212(g) to limit the proof that may be adduced at trial to support a threshold case. DG over in CPLR land discussed the First Department case of Rubin v SMS Taxi Corp., 2010 NY Slip Op 02414 (1st Dept. 2010) where the Appellate Division held that once an issue of fact exists as to any of the threshold categories, the inquiry should stop at that point. This is because: “once an alleged claim meets at least one of the serious injury thresholds, the statute’s gate keeping function, to reduce caseloads by limiting what the courts adjudicate, is satisfied. As the case is already in the gate, so to speak, judicial economy is no longer a reason to preclude plaintiff from presenting to the jury all injuries causally related to the accident. This comports with the general principle that a plaintiff is entitled to recover damages that justly and fairly compensates him or her for all injuries proximately caused by the accident.”
Procedurally, the newest issues involving 5102(d) are quite intriguing.
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Legal Update (February 2026): Since this 2010 decision, there have been subsequent Court of Appeals and appellate division rulings that may have refined or modified the “all or nothing” approach to Insurance Law § 5102(d) threshold determinations, particularly regarding partial summary judgment practice and the application of CPLR 3212(g) in no-fault cases. Practitioners should verify current case law interpreting threshold motion practice and any updates to procedural requirements for serious injury determinations.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,600 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Serious Injury Threshold Under Insurance Law 5102(d)
New York Insurance Law 5102(d) defines the categories of serious injury that a plaintiff must prove to recover non-economic damages in a motor vehicle accident case. The statute lists specific categories — significant disfigurement, fracture, loss of a fetus, permanent consequential limitation, significant limitation of use, and the 90/180-day rule. Courts apply these categories strictly, and the sufficiency of medical evidence supporting a serious injury claim is one of the most frequently litigated issues in New York personal injury law.
90 published articles in 5102(d) issues
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Aug 25, 2014Was this article helpful?
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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