McLinden v. Schoeck

—Order and judgment unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint on the ground that Anne H. McLinden (plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). From our review of the record, we conclude that the affidavits of the treating physician and chiropractor submitted by plaintiffs in opposition to defendant’s motion were sufficient to raise a triable issue of fact whether plaintiff sustained a serious…