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Baker v. Catania

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 629 (N.Y. App. Div. 1989)

Opinion

June 19, 1989

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


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

The plaintiff John E. Baker, Jr., was injured when an automobile he was operating was struck by an automobile owned by the defendant James V. Quintigliano and operated by the defendant Constance M. Catania. An affidavit submitted by Dr. Michael Brooks, who examined that plaintiff at the defendants' request, states that his "range of motion of the cervical spine was approximately 75% of normal" and "his motor power is perhaps less than 50% of normal". Whether those limitations constitute serious injury as defined in Insurance Law § 5102 (d), is an issue of fact sufficient to defeat the defendants' motion for summary judgment (see, Swenning v. Wankel, 140 A.D.2d 428). Brown, J.P., Sullivan, Harwood and Rosenblatt, JJ., concur.


Summaries of

Baker v. Catania

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 629 (N.Y. App. Div. 1989)
Case details for

Baker v. Catania

Case Details

Full title:JOHN E. BAKER, JR., et al., Appellants, v. CONSTANCE M. CATANIA et al.…

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

Date published: Jun 19, 1989

Citations

151 A.D.2d 629 (N.Y. App. Div. 1989)
542 N.Y.S.2d 702

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