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KHORAMI v. GIZMO CAB CORP.

240 A.D.2d 470 (1997)

659 N.Y.S.2d 775

Islamudin Khorami, Appellant, v. Gizmo Cab Corp. et al., Respondents

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

June 9, 1997

Ordered that the order is reversed, on the law, with one bill of costs, the motion and cross motion for summary judgment dismissing the complaint are denied, and the complaint is reinstated.

There is an issue of fact as to whether the plaintiff sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). The affidavit of the plaintiff's orthopedic surgeon indicated that the surgeon had examined the plaintiff...

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