Key Takeaway
Analysis of significant limitation prong under Insurance Law 5102(d) in Schaubroeck v Moriarty, examining causation requirements and threshold standards.
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.
Schaubroeck v Moriarty, 2018 NY Slip Op 04453 (4th Dept. 2018)
It is an obsession of mine. When someone gets into an accident where the threshold applies, has made a complete recovery and can still recover under a non 90-180 basis. I observed intermittently on here (this is a no fault and not a PI blog) the decoupling years ago of the permanent consequential and significant limitation prong of Ins Law 5102(d). It is an issue that we do not see too much but it is interesting when we see it.
(1) The report of defendant’s expert physician “does not establish that plaintiff’s condition is the result of a preexisting degenerative inasmuch as it fails to account for evidence that plaintiff had no complaints of pain prior to the accident’ ” (id. at 1842; see Thomas v Huh, 115 AD3d 1225, 1226 ). Inasmuch as defendant failed to meet his initial burden on the motion with respect to causation, there is no need to consider the sufficiency of plaintiff’s opposing papers on that issue (see Sobieraj v Summers, 137 AD3d 1738, 1739 ). (First observation on causation)
(2) “Contrary to defendant’s further contention, we conclude that the court properly denied that part of the motion with respect to the significant limitation of use category. Even assuming, arguendo, that defendant made a “prima facie showing that plaintiff’s alleged injuries did not satisfy serious injury threshold” with respect to that category (Pommells v Perez, 4 NY3d 566, 574 ), we conclude that plaintiff’s submissions in opposition to the motion raised an issue of fact. Those submissions included the affirmation of plaintiff’s treating physician, who, after reviewing plaintiff’s medical records and imaging studies, opined within a reasonable degree of medical certainty that plaintiff sustained a folded flap tear at the junction of the mid-body and posterior horn of the meniscus of his right knee, and lateral and medial meniscus tears of both knees that required surgery and were causally related to the accident. He further opined that, consistent with what he observed on the MRI and his observations during plaintiff’s surgery, the meniscus tears limited plaintiff’s ability to walk, sit for long periods, turn, twist, drive for long periods, climb stairs, and walk on uneven surfaces (see Lopez v Senatore, 65 NY2d 1017, 1020 ; LoGrasso v City of Tonawanda, 87 AD3d 1390, 1391 ).”
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Legal Update (February 2026): Since this 2018 post, New York’s Insurance Law Section 5102(d) threshold provisions may have been subject to regulatory updates or judicial interpretations that could affect the analysis of the “significant limitation” prong and its relationship to causation standards. Practitioners should verify current provisions and recent appellate decisions when evaluating threshold cases involving permanent consequential limitation versus significant limitation categories.
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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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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