Ansah v. Pollack

The majority affirms the denial of defendant’s motion for summary judgment dismissing the complaint on the ground that the injuries allegedly sustained by plaintiff do not qualify as a "serious injury” as defined in Insurance Law § 5102 (d) because the opposing affidavits and medical reports pose a credibility question. I respectfully disagree.

Plaintiff alleges that his chest and head struck the steering wheel of his vehicle as a result of a November 8, 1986 collision with defendant’s car. He felt pain in the neck and was taken to the emergency room at Bellevue Hospital, where a small…