Spadola v. Miller

Full title: SADOWA SPADOLA et al., Respondents, v. JOHN R. MILLER et al., Appellants

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

Date published: Oct 6, 1997

243 A.D.2d 462 (N.Y. App. Div. 1997)

665 N.Y.S.2d 280

Opinion

October 6, 1997

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

Ordered that the order is affirmed, with costs.

Triable issues of fact exist as to whether the plaintiff Sadowa Spadola sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). The plaintiffs submitted a chiropractor's affidavit stating that based upon objective testing, Sadowa Spadola sustained permanent injuries to his spine and muscular system as a direct result of the underlying motor vehicle accident. The chiropractor quantified the limitations in the rotation, extension, and flexion in the injured plaintiff's cervical, lumbar, and dorso-lumbar spine ( see, Steuer v. DiDonna, 233 A.D.2d 494; Bates v. Peeples, 171 A.D.2d 635).

Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.