ASSIAKOLEY v. IRVIN


245 A.D.2d 8 (1997)

665 N.Y.S.2d 640

Patience Assiakoley, Appellant, v. Susie Irvin et al., Respondents

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

December 2, 1997


In this personal injury action by a passenger in a taxicab, the affidavit of plaintiff's treating physician specifically indicated the extent of the limitation, and described a "permanent" spinal injury that prevents plaintiff from moving her neck "to the full range of what is normal". Such affidavit, coupled with plaintiff's affirmations specifying the extent of her injury, was sufficient to raise a triable issue of fact as to whether plaintiff suffered a "serious injury...

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