Chatah v. Iglesias

Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about January 9, 2002, which granted defendants’ motion for summary judgment dismissing the complaint for failure to establish a serious injury as defined by Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

This is a personal injury action arising from an automobile accident. In determining a motion for summary judgment where the issue is whether the plaintiff has sustained a serious injury as defined by Insurance Law § 5102 (d), the initial burden is…