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MERLIS v. LUPO

108 A.D.2d 902 (1985)

Neil J. Merlis, Respondent, v. Joseph M. Lupo et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 25, 1985

Order affirmed, with costs.

Viewing the record in the light most favorable to plaintiff, the party opposing the motion for summary judgment (Waldron v Wild, 96 A.D.2d 190), we conclude that plaintiff's claim of "serious injury" within the meaning of Insurance Law § 5102 (d) presents a question of fact to be resolved by a jury (see, Licari v Elliott,

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