Gonzalez v. Brayley

Order unanimously af*1014firmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment. Plaintiffs, Marilu and Jose L. Gonzalez, each established a triable issue of fact regarding the threshold question of serious injury under section 5102 (d) of the Insurance Law. The affidavit of Marilu’s physician indicating that Marilu suffered from post-traumatic prepatellar bursitis requiring a prolonged period of nonsteroidal anti-inflammatory medication, that she was unable to kneel, and that the bursitis may require surgery, presented an issue of fact whether…