SPADOLA v. MILLER


243 A.D.2d 462 (1997)

665 N.Y.S.2d 280

Sadowa Spadola et al., Respondents, v. John R. Miller et al., Appellants

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

October 6, 1997


Ordered that the order is affirmed, with costs.

Triable issues of fact exist as to whether the plaintiff Sadowa Spadola sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). The plaintiffs submitted a chiropractor's affidavit stating that based upon objective testing, Sadowa Spadola sustained permanent injuries to his spine and muscular system as a direct result of the underlying motor vehicle accident. The chiropractor quantified the limitations...

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