Jablonski v. Bolt

Appellate Division of the Supreme Court of New York

Jablonski v. Bolt

213 A.D.2d 982, 624 N.Y.S.2d 319, 1995 N.Y. App. Div. LEXIS 3763

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 1995·Published·Cited by 1 cases

Opinion

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint on the ground that Lori L. Jablonski (plaintiff) had not suffered a serious injury within the meaning of Insurance Law § 5102 (d). In response to defendant’s motion, plaintiffs submitted the affidavit of Dr. Geraci, a specialist in spine and musculoskeletal disorders, who had treated plaintiff for two years. Dr. Geraci averred that plaintiff had suffered a permanent 50% loss of forward flexion and extension of the lumbar spine, a 25% loss in side-bending motions and a 25% loss of flexion and extension of the cervical spine. That evidence is sufficient to raise an issue of fact whether plaintiff suffered a serious injury (see, Bates v Peeples, 171 AD2d 635; Lazarre v Kopczynski, 160 AD2d 772). (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Summary Judgment.) Present—Green, J. P., Pine, Callahan, Doerr and Davis, JJ.

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—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint on the ground that Lori L. Jablonski (plaintiff) had not suffered a serious injury within the meaning of Insurance Law § 5102 (d). In response to defendant’s motion, plaintiffs submitted the affidavit of Dr. Geraci, a specialist in spine and musculoskeletal disorders, who had treated plaintiff for two years. Dr. Geraci averred that plaintiff had suffered a permanent 50% loss of forward flexion and extension of the lumbar spine, a 25% loss in side-bending motions and a 25% loss of flexion and extension of the cervical spine. That evidence is sufficient to raise an issue of fact whether plaintiff suffered a serious injury (see, Bates v Peeples, 171 AD2d 635; Lazarre v Kopczynski, 160 AD2d 772). (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Summary Judgment.) Present—Green, J. P., Pine, Callahan, Doerr and Davis, JJ.

Jablonski v. Bolt, 213 A.D.2d 982, 624 N.Y.S.2d 319, 1995 N.Y. App. Div. LEXIS 3763 (N.Y. Ct. App. 1995).

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