Opinion
2001-07514
Submitted September 4, 2002.
September 24, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 14, 2001, as granted the defendant's motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Kaufman Associates, Commack, N.Y. (David Kaufman of counsel), for appellant.
Gallagher, Walker, Bianco Plastaras, Mineola, N.Y. (Robert J. Walker and Peter D. Lechleitner of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court improperly determined that the plaintiff's proof was not in admissible form, and not based upon a recent examination.
In opposition to the defendant's prima facie showing of entitlement to judgment as a matter or law, the plaintiff submitted sworn statements from chiropractors and a physician demonstrating the existence of factual issues with respect to whether she sustained a "serious injury" within the meaning of Insurance Law § 5102(d) (see Stark v. Amadio, 239 A.D.2d 569). One of those chiropractors was still treating the plaintiff at the time the motion for summary judgment was made, "encompassing approximately 100 visits for testing and treatment."
Accordingly, summary judgment should have been denied.
SANTUCCI, J.P., SMITH, GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.