DIFILIPPO v. JONES

Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing of her entitlement to summary judgment on the basis of the plaintiff's medical records, as well as the affirmed reports of her examining physicians, an orthopedist and a neurologist ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345; Gaddy v. Eyler, 79 NY2d 955; Casella v. New York City Tr. Auth., 14 AD3d 585; Petropoulos v. New York City Tr. Auth., 11 AD3d 522). However, the affidavit of the plaintiff's chiropractor was sufficient to raise a triable issue of fact as to whether the plaintiff sustained a serious injury.

Accordingly, the defendant was not entitled to summary judgment dismissing the complaint.