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LYNCH v. SECURITY INDEMNITY INSURANCE COMPANY

302 A.D.2d 295 (2003)

754 N.Y.S.2d 542

JOHN J. LYNCH, Appellant, v. SECURITY INDEMNITY INSURANCE COMPANY, Respondent.

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

Decided February 25, 2003.

The motion court, in denying plaintiff's motion for summary judgment, properly determined that based on the conflicting medical evidence, there was a question of fact as to whether further accident-related treatment was necessary (see Wagner v Baird, 208 A.D.2d 1087

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