Appellate Division of the Supreme Court of New York, 1999

Rodriguez v. Duggan

Rodriguez v. Duggan
Appellate Division of the Supreme Court of New York · Decided November 12, 1999
266 A.D.2d 859; 697 N.Y.S.2d 803; 1999 N.Y. App. Div. LEXIS 11836
Rodriguez v. Duggan

Cases that cite this one

7 later published cases cite this decision.

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Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Defendants met their initial burden of establishing that Maria Rodriguez (plaintiff) did not sustain a serious physical injury within the meaning of Insurance Law § 5102 (d). Plaintiffs raised an issue of fact, however, by the affidavit of plaintiffs chiropractor, who stated that he measured significant restrictions in the flexion, extension and rotation of *860plaintiffs cervical spine 11 months after the accident and opined that those restrictions are permanent (see, Nathanson v David, 244 AD2d 930). (Appeal from Order of Supreme Court, Erie County, Dillon, J. — Summary Judgment.) Present — Pine, J. P., Wisner, Pigott, Jr., Hurlbutt and Scudder, JJ.

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