DIXON v. LAMORTICELLA


286 A.D.2d 951 (2001)

730 N.Y.S.2d 389

CLARENCE M. DIXON et al., Appellants, v. PAUL A. LAMORTICELLA et al., Respondents.

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

Decided September 28, 2001.


Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendants' motion for summary judgment dismissing the complaint on the ground that Clarence M. Dixon (plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Although defendants met their initial burden, plaintiffs raised a triable issue of fact by submitting the affidavit of a chiropractor...

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