SPINA v. MELVIN

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).