WASHINGTON v. MERCY HOME FOR CHILDREN


232 A.D.2d 549 (1996)

648 N.Y.S.2d 956

Anthony Washington, Respondent, v. Mercy Home for Children et al., Appellants

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

October 21, 1996


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

There is an issue of fact as to whether the plaintiff sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). The doctor's affirmation submitted in opposition to the defendants' motion for summary judgment stated that, upon examination of the cervical and lumbar spine regions, the doctor determined that the plaintiff suffered "restrictions of motion...

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