Rosenblum v Irby, 2021 NY Slip Op 02854 (3d Dept. 2021)
(1) “As far as the significant limitation of use category is concerned, permanency of limitation is not required (see Lavrinovich v Conrad, 180 AD3d 1265, 1269 [2020[*2]]; Gates v Longden, 120 AD3d 980, 981 [2014]).”
(2) “Moreover, evidence that a plaintiff’s range of motion has significantly improved or returned to normal in the affected body organ, member, function or system will preclude a finding of a permanent consequential limitation of use and/or significant limitation of use”
Try to harmonize this. I cannot do it.
