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FAUK v. JENKINS

301 A.D.2d 564 (2003)

754 N.Y.S.2d 317

RAYMOND FAUK, Appellant, v. MILDRED JENKINS et al., Respondents.

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

Decided January 21, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

"Although a bulging or herniated disc may constitute a serious injury within the meaning of Insurance Law § 5102 (d), a plaintiff must provide objective evidence of the extent or degree of the alleged physical limitations resulting from the disc injury and its duration" (Duldulao v City of New York, 284 A.D.2d 296

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