PERRY v. PAGANO


267 A.D.2d 290 (1999)

699 N.Y.S.2d 882

FRANK PERRY, Appellant, v. CARMEN PAGANO, Respondent.

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

Decided December 13, 1999.


Ordered that the judgment is reversed, on the law, with costs, so much of the order as granted the defendant's motion is vacated, the motion is denied, and the complaint is reinstated.

After the defendant established, prima facie, her entitlement to summary judgment, the plaintiff demonstrated the existence of a triable issue of fact by submitting his doctor's affirmation dated January 5, 1998, which objectively quantified restrictions in the range of motion of the...

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