Bieman v. Thurn

—Appeal from part of an order of Supreme Court, Erie County (Notaro, J.), entered December 11, 2001, that denied defendant’s motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied defendant’s motion seeking summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The affidavit of plaintiff’s expert raised an issue of fact whether she sustained a right brachial plexopathy. “It…