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Ventura v. Moritz

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 506 (N.Y. App. Div. 1998)

Opinion

November 23, 1998

Appeal from the Supreme Court, Suffolk County (Floyd, J.).


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

The plaintiff met his burden, in opposition to the defendant's motion, by submitting sufficient evidence creating a triable issue of fact with regard to his claim that he sustained a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The plaintiff submitted a report and sworn affidavit of his chiropractor who stated that, upon examination, he determined that the plaintiff sustained a partial permanent disability in his cervical spine and some loss of range of motion, and quantified those limitations. This evidence was sufficient to create a triable issue of fact with regard to the plaintiff's allegation that he sustained a serious injury ( see, Washington v. Mercy Home For Children, 232 A.D.2d 549; Torres v. Micheletti, 208 A.D.2d 519; Cesar v. Felix, 181 A.D.2d 852; Bates v. Peeples, 171 A.D.2d 635).

Miller, J. P., Thompson, Pizzuto, McGinity and Luciano, JJ., concur.


Summaries of

Ventura v. Moritz

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 506 (N.Y. App. Div. 1998)
Case details for

Ventura v. Moritz

Case Details

Full title:OSCAR VENTURA, Appellant, v. DAWN MORITZ, Respondent

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

Date published: Nov 23, 1998

Citations

255 A.D.2d 506 (N.Y. App. Div. 1998)
680 N.Y.S.2d 176

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