Denner v. Mizgala

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury under Insurance Law § 5102 (d). Although defendant met her initial burden, plaintiff submitted the affidavits of her treating physi*1070cians and thereby raised triable issues of fact whether she sustained a permanent consequential limitation of use of her back and neck or a significant limitation of use of her back and neck (see, Stanavich v Pakenas, 190 AD2d 184, 186-187, lv denied 82 NY2d…