Tyson v. Nazarian

OPINION OF THE COURT

The order of the Appellate Division should be modified, without costs, by denying defendant’s motion for summary judgment and remitting to the Appellate Division for further proceedings in accordance with this memorandum, and, as so modified, affirmed.

Sufficient record evidence exists to raise a triable issue of fact as to whether plaintiff suffered a “serious injury” within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 NY2d 955, 957 [1992]). In view of its disposition, the Appellate Division did not address plaintiff’s contention that she is entitled to…