From Casetext: Smarter Legal Research

Pulos v. Schait

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 441 (N.Y. App. Div. 2003)

Opinion

2002-05516

January 8, 2003.

February 13, 2003.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Henry, J.), entered May 24, 2002, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Joseph C. Stroble, Sayville, N.Y., for appellant.

Adler Larkin, Riverhead, N.Y. (Mady A. Adler of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant established prima facie entitlement to summary judgment (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v. Eyler, 79 N.Y.2d 955). In opposition to the motion, the plaintiff submitted an affirmation from the radiologist who supervised magnetic resonance imaging testing which revealed that he has a herniated disc in the lumbosacral spine. Also, he submitted an affirmed report of an osteopathic physician specifying the decreased range of motion in his lumbar spine, noting findings of muscle spasm, and stating that his injuries are permanent and causally related to the motor vehicle accident in which he was injured. The physician's opinion, supported by objective evidence, was sufficient to raise a triable issue of fact (see Toure v. Avis Rent A Car Sys., supra). Consequently, the Supreme Court erred in granting the defendant's motion for summary judgment dismissing the complaint.

ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.


Summaries of

Pulos v. Schait

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 441 (N.Y. App. Div. 2003)
Case details for

Pulos v. Schait

Case Details

Full title:JOHN N. PULOS, JR., appellant, v. FRANCES SCHAIT, respondent

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

Date published: Feb 13, 2003

Citations

302 A.D.2d 441 (N.Y. App. Div. 2003)
754 N.Y.S.2d 895

Citing Cases

Nelson v. Bernabei

" The plaintiff has proffered evidence which "raises issues of material fact as to whether he sustained a…

Giannattasio v. Liatos

Specifically, Defendant submitted Plaintiff's deposition testimony wherein Plaintiff states that he returned…