Wolff v. Schweitzer

Appeal from an order of the Supreme Court (Hard, J.), entered October 10, 2007 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

In October 2004, plaintiff’s vehicle, while stopped at an intersection, was struck from behind by a vehicle being driven by defendant. Following the accident, plaintiff claimed that he had significant pain and stiffness in his lower back, right hip and lower right extremities, as well as numbness in his right foot. He later commenced this action claiming serious injury within the meaning of Insurance Law § 5102 (d) as a…