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IACOBAZZO v. ASAD

7 A.D.3d 367 (2004)

776 N.Y.S.2d 464

MATTHEW IACOBAZZO ET AL., Respondents, v. SAEED ASAD ET AL., Appellants.

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

May 18, 2004.

An issue of fact as to whether plaintiff sustained a serious injury as defined by Insurance Law § 5102 (d) is raised by his physician's affidavit correlating plaintiff's "significant limitation of use of his lumbar spine" and inability to perform daily tasks to herniated discs and opining that plaintiff's condition was caused by the accident and is permanent (see Rice v Moses, 300 A.D.2d 213 [2002]). It does not avail defendants...

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