Kenjarski v. Glasso

Order unanimously reversed on the law with costs, motion denied and complaints reinstated. Memorandum: Supreme Court erred in concluding that plaintiff failed to meet her burden of establishing a prima facie case that she sustained a serious injury within the meaning of Insurance Law § 5102 (d). In opposition to defendants’ motion for summary judgment, plaintiff submitted the affidavit of her treating physician in which he averred, with reasonable medical certainty, that plaintiff’s symptoms are a result of an internal cervical disc derangement resulting from the automobile accident. He…