McDowell v. Lin

Full title: GERARD McDOWELL, Respondent, v. JIA JI LIN, Appellant

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

Date published: Oct 20, 1997

243 A.D.2d 613 (N.Y. App. Div. 1997)

665 N.Y.S.2d 522

Opinion

October 20, 1997

Appeal from the Supreme Courts, Kings County (Rappaport, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the medical evidence which the plaintiff submitted in opposition to the motion for summary judgment raised a triable issue of fact as to whether he sustained a serious injury as defined by Insurance Law § 5102 (d) ( see CPLR 3212 [b]).

Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.