Woods v. Yates

Full title: JOHNNY L. WOODS et al., Respondents, v. DEAN V. YATES et al., Appellants

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

Date published: Feb 28, 1994

201 A.D.2d 724 (N.Y. App. Div. 1994)

609 N.Y.S.2d 849

Opinion

February 28, 1994

Appeal from the Supreme Court, Nassau County (Yachnin, J.).

Ordered that the order is affirmed, with costs.

The defendants' motion for summary judgment was properly denied since the affirmation of the injured plaintiff's treating physician raised a triable issue of whether the plaintiff had sustained a serious injury within the meaning of Insurance Law § 5102 (d). Mangano, P.J., Balletta, O'Brien and Hart, JJ., concur.