Citation Codes Equivalent Citations citation codes Docket Number (1461) CA 01-00209 See more information ... Smart Summary Please sign up to generate summary. LORETTA M. SPINA, PLAINTIFF-APPELLANT, v. JOHN MELVIN, JR., DEFENDANT-RESPONDENT. Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Although defendant met his initial burden on the motion, plaintiff raised a triable issue of fact by her own affidavit and that of her treating chiropractor ( see, Rodriguez v. Duggan, 266 A.D.2d 859; see also, Moreno v. Delcid, 262 A.D.2d 464, 465; Nathanson v. David, 244 A.D.2d 930).