CAVALLARO v. BAKER


187 A.D.2d 976 (1992)

Shelly A. Cavallaro et al., Appellants, v. Allan Baker, Respondent

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

November 18, 1992


Order reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment. The opposing affidavits of plaintiff, her treating physician and medical expert were sufficient to raise a triable issue of fact whether plaintiff suffered a serious injury within the meaning of the No-Fault Law (see, Lopez v Senatore, 65 N.Y.2d 1017

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