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Hussein v. Littman

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 2001
287 A.D.2d 543 (N.Y. App. Div. 2001)

Opinion

Submitted September 26, 2001.

October 15, 2001.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated September 5, 2000, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Ioannou Associates (John M. Ioannou and Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellants.

Lewis, Johs, Avallone, Aviles Kaufman, Melville, N Y (Christine Malafi of counsel), for respondents.

Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.


DECISION ORDER

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

In support of their motion for summary judgment dismissing the complaint, the defendants relied upon a report prepared by the treating chiropractor of the injured plaintiff which found the existence of bulging discs in his cervical spine. A disc bulge may constitute a serious injury within the meaning of Insurance Law § 5102(d) (see, Flanagan v. Hoeg, 212 A.D.2d 756). The defendants failed to demonstrate that the bulges were not causally related to the subject accident (see, Chaplin v. Taylor, 273 A.D.2d 188). Accordingly, the defendants failed to make out a prima facie case of their entitlement to judgment as a matter of law. Under these circumstances, we need not consider the plaintiffs' opposing papers (see, Mariaca-Olmos v. Mizrhy, 226 A.D.2d 437).

RITTER, J.P., GOLDSTEIN, FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.


Summaries of

Hussein v. Littman

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 2001
287 A.D.2d 543 (N.Y. App. Div. 2001)
Case details for

Hussein v. Littman

Case Details

Full title:JON HUSSEIN, ETC., appellants, v. HARRY LITTMAN, ET AL., respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 15, 2001

Citations

287 A.D.2d 543 (N.Y. App. Div. 2001)
731 N.Y.S.2d 477

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