SCHWARTZ v. NEW YORK CITY HOUS. AUTH.


229 A.D.2d 481 (1996)

646 N.Y.S.2d 30

Jenae Schwartz, Respondent, v. New York City Housing Authority, Appellant

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

July 15, 1996


Ordered that the order is affirmed, with costs.

In opposition to the defendants' motion for summary judgment, the plaintiff met her burden by demonstrating that she suffered a serious injury within the meaning of Insurance Law § 5102 (d). Specifically, the plaintiff submitted an affidavit from a doctor of osetoepathy who stated that plaintiff incurred "restricted motion [of the lumbar spine] by 10 degrees * * * after achieving maximum medical improvement". This...

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