Rangel-Vargas v. Vurchio

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about July 5, 2000, which denied the motion of defendants Olezewski and Saturn to dismiss the complaint for lack of a serious injury as defined by Insurance Law § 5102 (d) with respect to plaintiff-respondent, and granted such motion with respect to the other plaintiffs, unanimously affirmed, without costs.

Plaintiff-respondent’s evidence that she sustained a torn meniscus that required surgery, and aggravated a preexisting arachnoid cyst that also required surgery, is sufficient to raise issues of fact as to whether she…