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Pasutto v. Hacker

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 478 (N.Y. App. Div. 1998)

Opinion

June 15, 1998

Appeal from the order of the Supreme Court, Queens County (Thomas, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment. Although the defendant established a prima facie case that the plaintiff did not sustain a serious injury ( see, Gaddy v. Eyler, 79 N.Y.2d 955), the affidavit of the plaintiff's treating chiropractor stating, inter alia, that she suffers from objectively measured, specifically quantified restrictions of motion of her cervical and lumbosacral spine was sufficient to raise a triable question of fact as to whether she suffered a serious injury ( see, Lopez v. Senatore, 65 N.Y.2d 1017; Fitzpatrick v. Spottiswood, 243 A.D.2d 676; Moore v. Tappen, 242 A.D.2d 526; Wolfram v. Vassilou, 239 A.D.2d 340; Carucci v. Tzimopoulos, 238 A.D.2d 459; Grullon v. Chang Ok Chu, 240 A.D.2d 367).

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.


Summaries of

Pasutto v. Hacker

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 478 (N.Y. App. Div. 1998)
Case details for

Pasutto v. Hacker

Case Details

Full title:LISA PASUTTO, Respondent, v. LARRY HACKER, Appellant

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

Date published: Jun 15, 1998

Citations

251 A.D.2d 478 (N.Y. App. Div. 1998)
673 N.Y.S.2d 592

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