Opinion
December 9, 1999
Order, Supreme Court, Bronx County (Alan Saks, J.), entered September 2, 1998, which, in a personal injury action arising from an automobile accident, denied the motion of Action No. 1 defendant Stella I. D'Angelillo for summary judgment dismissing the complaint upon the ground that plaintiff had not sustained "serious injury" within the meaning of Insurance Law § 5102(d), unanimously affirmed, with costs.
Tom Stickel for Plaintiffs-Respondents.
John M. Dillon for Defendant-Appellant.
ELLERIN, P.J., NARDELLI, WILLIAMS, RUBIN, ANDRIAS, JJ.
The medical report detailing plaintiff's "serious injuries" (see, Insurance Law § 5102[d]), along with plaintiff's affidavit as to the extent of her disabling symptoms, sufficed to raise a factual issue as to whether plaintiff had sustained "serious injury" as defined in Insurance Law § 5102(d) and thus to defeat defendant's motion for summary judgment (see, Greco v. Five Five Garage Corp., 123 A.D.2d 422).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.