Rodriguez v. Duggan

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Defendants met their initial burden of establishing that Maria Rodriguez (plaintiff) did not sustain a serious physical injury within the meaning of Insurance Law § 5102 (d). Plaintiffs raised an issue of fact, however, by the affidavit of plaintiffs chiropractor, who stated that he measured significant restrictions in the flexion, extension and rotation of *860plaintiffs cervical spine 11 months after the accident and opined that those…