Opinion
859.
April 17, 2003.
Order, Supreme Court, Bronx County (Anne Targum, J.), entered October 9, 2002, which denied defendant-appellant's motion for summary judgment dismissing the complaint for lack of serious injury as required by Insurance Law § 5102(d), unanimously affirmed, without costs.
Lawrence Levine, for plaintiff-respondent.
Robert D. Frankfort, for defendant-appellant.
Before: ANDRIAS, J.P., SAXE, LERNER, FRIEDMAN, MARLOW, JJ.
The affirmations of plaintiff's orthopedic expert raise an issue of fact as to whether plaintiff sustained a serious injury (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345, 350-351). We have considered appellant's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.