Marszalek v. Brown

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of Will Poultry Co., Inc. (defendant), for summary judgment dismissing the complaint against it. Plaintiff was injured when her vehicle was struck by a truck operated by defendant Jeffrey S. Brown and owned by defendant. Defendant failed to present evidence establishing as a matter of law that plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d). Plaintiff, through an affidavit from one of her treating physicians, raised issues of fact whether she sustained a permanent…