Semler v. Molinelli

Full title: GAIL SEMLER, Respondent, v. ARTHUR MOLINELLI, Appellant

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

Date published: Dec 8, 1997

245 A.D.2d 363 (N.Y. App. Div. 1997)

666 N.Y.S.2d 437

Opinion

December 8, 1997

Appeal from the Supreme Court, Queens County (Berke, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the affirmation of the plaintiff's treating chiropractor was sufficient to demonstrate the existence of factual issues as to whether the plaintiff suffered a serious injury within the meaning of Insurance Law § 5102 (see, Stark v. Amadio, 239 A.D.2d 569; Rut v. Grigonis, 214 A.D.2d 721; Bates v. Peeples, 171 A.D.2d 635).

Miller, J. P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.