Lichtman v. Heit

—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered January 11, 2002, which denied defendant-appellant’s motion for summary judgment dismissing the complaint, affirmed, without costs.

Defendant Russell Heit’s motion to dismiss the complaint on the ground that plaintiff Alan Lichtman did not sustain serious injury as required by Insurance Law § 5102 (d) was appropriately denied. The moving papers fail to establish appellant’s right to judgment as a matter of law (see Smith v Wetzel, 294 AD2d 488). Appellant’s neurologist’s affirmation and report, submitted in support of the…