Orsenigo v. Burnstein

Full title: THERESA ORSENIGO, Respondent, v. RITA BURNSTEIN et al., Appellants

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

Date published: Mar 21, 1994

202 A.D.2d 561 (N.Y. App. Div. 1994)

610 N.Y.S.2d 819

Opinion

March 21, 1994

Appeal from the Supreme Court, Suffolk County (Luciano, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, we find that the affirmation submitted by the plaintiff's treating physician was sufficient to raise a triable issue as to whether the plaintiff suffered a serious injury. In that affirmation, the physician indicated that the plaintiff had suffered a permanent disc dessication, which, based on the plaintiff's history, was causally related to the accident. Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.