Pisasale v. Buckhorn Carriers, Inc.

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered July 8, 1997, which denied defendants’ motions for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendants’ reliance on the initial report of plaintiff’s neurologist and the no-fault forms annexed thereto as proof that plaintiff did not sustain a serious injury overlooks that the report states that further testing was required before plaintiff’s prognosis could be determined and that the…