Hoisington v. Santos

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered August 7, 2007, which denied defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a “serious injury” within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

The report of defendant’s expert orthopedist addresses plaintiffs condition at the time of examination, more than three years after the accident, and therefore is insufficient to estab*334lish that plaintiff was not incapacitated from performing substantially all of her customary and daily…