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Patterson v. Rosner

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 555 (N.Y. App. Div. 1997)

Opinion

June 16, 1997

Appeal from the Supreme Court, Nassau County (O'Brien, J.).


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is denied, and the complaint is reinstated.

The medical evidence submitted by the defendant in support of her motion for summary judgment made out a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d). However, the affidavit prepared by Dr. Jay Eneman, submitted in opposition to the motion, provided objective evidence of the extent or degree of the limitation of use of the plaintiff's right foot and thus raised a triable issue of fact (see, CPLR 3212 [b]) as to whether the plaintiff had sustained a serious injury (see, Beckett v. Conte, 176 A.D.2d 774).

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.


Summaries of

Patterson v. Rosner

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 555 (N.Y. App. Div. 1997)
Case details for

Patterson v. Rosner

Case Details

Full title:MARY PATTERSON, Appellant, v. ALYSSA S. ROSNER, Respondent

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

Date published: Jun 16, 1997

Citations

240 A.D.2d 555 (N.Y. App. Div. 1997)
659 N.Y.S.2d 980