Dixon v. LaMorticella

—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendants’ motion for summary judgment dismissing the complaint on the ground that Clarence M. Dixon (plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Although defendants met their initial burden, plaintiffs raised a triable issue of fact by submitting the affidavit of a chiropractor who had treated plaintiff for over three years following the automobile accident at issue. He stated his objective findings that the…