Rice v. Moses

—Order, Supreme Court, New York County (Joan Madden, J.), entered on or about June 11, 2002, which denied defendants-appellants’ motion for summary judgment dismissing the complaint for lack of a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Whether plaintiff’s decedent suffered a serious injury is a factual issue raised by the decedent’s treating physician’s affirmation. The affirmation correlates the decedent’s claimed inability to engage in her customary daily activities 5V2 months after the accident to range of motion limitations found…