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Tyler v. TT Leasing Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 401 (N.Y. App. Div. 1999)

Opinion

Submitted June 16, 1999

October 12, 1999

In an action to recover damages for personal injuries, the defendant Robin Goldberg appeals from an order of the Supreme Court, Nassau County (Joseph, J.).


ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant'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 appellant's motion, the plaintiff submitted the affidavit of her treating chiropractor, which indicated that she had sustained objectively measured, specifically quantified limitations of motion of her cervical and lumbar spine. This was sufficient to raise an issue of fact as to whether she sustained a serious injury ( see, McKinney v. Corby, 261 A.D.2d 454 [2d Dept., May 10, 1999]; Lombardi v. Columbo, 259 A.D.2d 524 [2d Dept., Mar. 8, 1999]; Fitzpatrick v. Spottiswood, 243 A.D.2d 676).

MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.


Summaries of

Tyler v. TT Leasing Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 401 (N.Y. App. Div. 1999)
Case details for

Tyler v. TT Leasing Corp.

Case Details

Full title:DIANE TYLER, respondent, v. TT LEASING CORP., et al., defendants, ROBIN…

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

Date published: Oct 12, 1999

Citations

265 A.D.2d 401 (N.Y. App. Div. 1999)
696 N.Y.S.2d 229