Sullivan v. Dawes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated April 15, 2005, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
The orthopedist’s affirmation upon which the defendants’ motion for summary judgment was predicated assigned a numerical value to the range of motion of the plaintiffs lumbar spine, but failed to compare…
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