Rodriguez v. Duggan

266 A.D.2d 859, 697 N.Y.S.2d 803, 1999 N.Y. App. Div. LEXIS 11836

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 12, 1999
• Status: Published

Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Defendants met their initial burden of establishing that Maria Rodriguez (plaintiff) did not sustain a serious physical injury within the meaning of Insurance Law § 5102 (d). Plaintiffs raised an issue of fact, however, by the affidavit of plaintiffs chiropractor, who stated that he measured significant restrictions in the flexion, extension and rotation of plaintiffs cervical spine 11 months after the accident and opined that those restrictions are permanent (see, Nathanson v David, 244 AD2d 930). (Appeal from Order of Supreme Court, Erie County, Dillon, J. — Summary Judgment.) Present — Pine, J. P., Wisner, Pigott, Jr., Hurlbutt and Scudder, JJ.