Opinion
570630/04.
Decided October 11, 2005.
Defendants appeal from an order of the Civil Court, Bronx County, entered May 18, 2004 (Francis M. Alessandro, J.) denying their motions for summary judgment dismissing the complaint.
Order entered May 18, 2004 (Francis M. Alessandro, J.), affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.
The medical affirmation detailing plaintiff's injuries and connecting them to the motor vehicle accident, together with plaintiff's affidavit as to the extent of his disabling symptoms, sufficed to raise a factual issue as to whether plaintiff sustained "serious injury" as defined in Insurance Law § 5102(d) ( see Rice v. Moses, 300 AD2d 213; Molloy v. D'Angelillo, 267 AD2d 65).
This constitutes the decision and order of the Court.