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MANCUSI v. McDONALD

203 A.D.2d 146 (1994)

610 N.Y.S.2d 237

Katherine Mancusi et al., Respondents, v. Jeffrey McDonald et al., Appellants, and Ben Feldman, Respondent

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

April 19, 1994

The measured limitations of motion of approximately 60 degrees of rotation in the cervical and lumbosacral spine areas described in the medical reports of plaintiff's treating physicians are sufficient to raise an issue of fact whether, as a result of the accident, plaintiff sustained a non-permanent injury or impairment within the meaning of Insurance Law § 5102 (d) (see, Baker v Catania, 151 A.D.2d 629, citing Swenning...

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