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McKinney v. Corby

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1999
261 A.D.2d 454 (N.Y. App. Div. 1999)

Opinion

May 10, 1999

Appeal from the Supreme Court, Queens County (Golia, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). In opposition to the defendant's motion, the plaintiff submitted evidence in admissible form which indicated that she sustained objectively measured, specifically quantified limitations of motion of her cervical spine. This was sufficient to raise a triable issue of fact as to whether she sustained a serious injury ( see, Fitzpatrick v. Spottiswood, 243 A.D.2d 676; Moore v. Tappen, 242 A.D.2d 526; Grullon v. Chang Ok Chu, 240 A.D.2d 367; Wolfram v. Vassilou, 239 A.D.2d 340; Carucci v. Tzimopoulos, 238 A.D.2d 459).

Ritter, J. P., Joy, Altman and Smith, JJ., concur.


Summaries of

McKinney v. Corby

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1999
261 A.D.2d 454 (N.Y. App. Div. 1999)
Case details for

McKinney v. Corby

Case Details

Full title:MICHELLE McKINNEY, Respondent, v. RICKEY CORBY, Appellant

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

Date published: May 10, 1999

Citations

261 A.D.2d 454 (N.Y. App. Div. 1999)
687 N.Y.S.2d 304

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