Ervin v. Helfant
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, Nassau County (Joseph, J.), entered May 22, 2002, 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.
In support of their motion for summary judgment dismissing the complaint, the defendants submitted evidence that the plaintiff was suffering from bulging discs and loss of range of motion in his cervical…
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