Schwartz v. New York City Housing Authority

Full title: JENAE SCHWARTZ, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant

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

Date published: Jul 15, 1996

229 A.D.2d 481 (N.Y. App. Div. 1996)

646 N.Y.S.2d 30

Opinion

July 15, 1996

Appeal from the Supreme Court, Kings County (Huttner, J.).

Ordered that the order is affirmed, with costs.

In opposition to the defendants' motion for summary judgment, the plaintiff met her burden by demonstrating that she suffered a serious injury within the meaning of Insurance Law § 5102 (d). Specifically, the plaintiff submitted an affidavit from a doctor of osetoepathy who stated that plaintiff incurred "restricted motion [of the lumbar spine] by 10 degrees * * * after achieving maximum medical improvement". This affidavit concluded that the plaintiff is "permanently partially disabled". Accordingly, the plaintiff demonstrated by competent medical evidence that she suffered a significant permanent limitation of a body function or system and the defendant's motion was thus properly denied (see, Licari v. Elliott, 57 N.Y.2d 230; Burgwin v. Langmaack, 224 A.D.2d 569). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ. concur.