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FLORENT v. SMITH

239 A.D.2d 547 (1997)

658 N.Y.S.2d 987

Cuthbert Florent, Respondent, v. Bobby Smith et al., Appellants

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

May 27, 1997

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff has submitted sufficient medical evidence to raise an issue of fact as to whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d) (cf., Licari v Elliott, 57 N.Y.2d 230

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