Opinion
Submitted September 6, 2000.
October 2, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated December 22, 1999, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Goldman, Maurer Popper, LLP, Bayside, N.Y. (Kenneth F. Popper of counsel), for appellant.
Ahmuty, Demers McManus, Albertson, N.Y. (Frederick B. Simpson and Brendan T. Fitzpatrick of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court improperly granted the defendant's motion. The plaintiff's expert found that a Magnetic Resonance Imaging (hereinafter MRI) of the plaintiff's cervical spine performed on August 26, 1996, approximately five weeks after the subject accident, revealed a herniated disc at C6-C7. This raised a triable issue of fact as to whether the plaintiff had sustained a serious injury within the meaning of the Insurance Law (see, Chaplin v. Taylor, 273 A.D.2d 188 [2d Dept., June 5, 2000]; Flanagan v. Hoeg, 212 A.D.2d 756, 757).