Vargas v. Moses Taxi, Inc.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered September 20, 2013, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing plaintiffs claim of serious injury to the left knee within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff raised an issue of fact in opposition to defendants’ prima facie showing by submitting her treating orthopedic surgeon’s affirmation that, while performing arthroscopic surgery, he observed and repaired tears to…