PATTERSON v. ROSNER


240 A.D.2d 555 (1997)

659 N.Y.S.2d 980

Mary Patterson, Appellant, v. Alyssa S. Rosner, Respondent

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

June 16, 1997


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is denied, and the complaint is reinstated.

The medical evidence submitted by the defendant in support of her motion for summary judgment made out a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d). However, the affidavit prepared by Dr. Jay Eneman, submitted in opposition to the motion, provided objective evidence...

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