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04/08/96 KIM TREBING v. KRIS E. JEFFREY ET AL.

April 8, 1996

KIM TREBING, APPELLANT,
v.
KRIS E. JEFFREY ET AL., RESPONDENTS, ET AL., DEFENDANT.



Balletta, J. P., Ritter, Pizzuto and Altman, JJ., concur.

Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents, and the branches of the respondents' motions which are for summary judgment dismissing so much of the plaintiff's complaint as seeks to recover damages for noneconomic loss from them are denied.

The Supreme Court erred by granting the respondents' motions for summary judgment to the extent of dismissing the plaintiff's claim to recover damages for noneconomic loss against them. The affirmation of the plaintiff's treating neurologist states that the plaintiff suffers from syringomyelia, which was confirmed by magnetic resonance imaging, and a 40 degree loss of the range of motion of the left and right lateral rotation of her neck. This evidence is sufficient to raise a triable issue of fact on the issue of whether the plaintiff sustained a serious injury within the meaning of Insurance Law ยง 5102 (d) (see, Jackson v United Parcel Serv., 204 A.D.2d 605; Cesar v Felix, 181 A.D.2d 852).

Balletta, J. P., Ritter, Pizzuto and Altman, ...


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