Knoll v. Seafood Express

Mazzarelli and Saxe, JJ., dissent in a memorandum by Mazzarelli, J., as follows:

I would reverse the order appealed and reinstate plaintiffs complaint because plaintiffs injuries from his August 18, 2000 car accident met the no-fault “serious injury” threshold (Insurance Law § 5102 [d]). Plaintiff was the driver of a car that was hit in the rear by a tractor trailer owned by defendant Seafood Express and driven by defendant Flynn. Plaintiff had a preexisting benign brain stem angioma.* As a result of the crash the tumor hemorrhaged. The bleeding caused him to experience nausea, headaches,…