Skinner v. St. Juste

Full title: HARMONY R. SKINNER, Appellant, v. ELMANDO ST. JUSTE et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 4, 1997

243 A.D.2d 554 (N.Y. App. Div. 1997)

665 N.Y.S.2d 510

Opinion

October 4, 1997

Appeal from the Supreme Court, Kings County (Garry, J.),

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The medical evidence submitted by the defendants in support of their motion for summary judgment failed to establish that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d) ( see, CPLR 3212 [b]). Indeed, the defendants' evidence, consisting primarily of reports prepared by the plaintiffs doctors Kathleen Watson and Placido Menezes, indicated that the plaintiff had suffered a restriction of movement in both the cervical and lumbar spine as a result of the accident ( see, Beckett v. Conte, 176 A.D.2d 774).

Rosenblatt, J.P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.