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SOLOMON v. VAL LEASING CO.

282 A.D.2d 519 (2001)

722 N.Y.S.2d 808

DAVID SOLOMON, Respondent, v. VAL LEASING CO. et al., Defendants, and WILLIAM CHENG et al., Appellants.

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

Decided April 9, 2001.

Ordered that the order is affirmed, with costs.

Upon reargument, the plaintiff submitted sufficient evidence in opposition to the appellants' motion to raise a triable issue of fact as to whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The affirmation of the plaintiff's expert stated that he determined, upon examination, that the plaintiff...

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