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JACOBOWITZ v. ROVENTINI
Appellate Division of the Supreme Court of New York, Second Department.
Feb 13, 2003
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DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law ยง 5102(d) (see Gaddy v. Eyler, 79 N.Y.2d 955). However, the plaintiff's admissible medical evidence, showing that he suffers from disc bulges and a herniation in the cervical spine, together with evidence of a causally-related degree of limitation in the range of motion of his cervical spine and its duration, were sufficient to raise a triable issue of fact (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345).
ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.
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