Steuer v. DiDonna
Opinion of the Court
—In. an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated December 6, 1995, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff has come forward with sufficient evidence to overcome the defendants’ motion for summary judgment by demonstrating that she sustained a "serious injury” within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955, 956-957). The plaintiff submitted an affidavit from her chiropractor who stated that, based upon objective orthopedic, neurological, and chiropractic testing, in addition to the plaintiff’s history of symptomology, it was his opinion that the plaintiff suffers from a permanent partial disability in the function of her cervical and lumbar spine. In his affidavit, the chiropractor specified the degree of limitation in the range of motion of the plaintiff’s cervical and lumbar spine. Notwith
Case-law data current through December 31, 2025. Source: CourtListener bulk data.