Magro v. He Yin Huang

Goldstein, J.,

dissents and votes to reverse the order appealed from and to deny the motions, with the following memorandum: In support of their motions for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain a serious injury as defined in Insurance Law § 5102 (d), the defendants submitted medical reports indicating that as a result of the accident, the injured plaintiff sustained bulging and herniated discs in the lumbar spine, with bulging at L3-4 and herniation at L4-5. On November 29, 1994, the day after the accident, the injured plaintiff…