Ingram v. Town of Clarkson

Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court improperly granted defendants’ motion for summary judgment. In opposition to the motion, plaintiffs submitted evidence that, as the result of the accident, Cynthia M. Ingram (plaintiff) suffers from chondromalacia of the left knee and that her condition restricts her ability to squat, kneel, walk and stand. That proof is sufficient to raise a triable issue of fact whether plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Hulsen v Morrison,…