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SHULMAN v. PAPELL

273 A.D.2d 111 (2000)

710 N.Y.S.2d 527

MILDRED SHULMAN, Respondent, v. BEVERLY PAPELL, Appellant, et al., Defendants.

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

Decided June 15, 2000.

Defendant's motion was properly denied since there was competent objective medical evidence sufficient to raise issues of fact as to whether plaintiff suffered significant or permanent injury to her lumbosacral spine and whether she was unable to perform substantially all of her daily activities for at least 90 out of the 180 days following the accident (see, Insurance Law § 5102 [d]; Adetunji v U-Haul Co., 250 A.D.2d 483

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