Mangano v. Sherman

Judgment unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendants’ motion for summary judgment dismissing the complaint on the ground that Donna L. Mangano (plaintiff) did not sustain a serious injury (see, Insurance Law § 5102 [d]) in the motor vehicle accident at issue herein. Although defendants met their initial burden, plaintiffs raised a triable issue of fact by submitting the affidavit of an orthopedic surgeon who had treated plaintiff for over 2V2 years following the accident. He opined to a…