SEMLER v. MOLINELLI

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

Dec 8, 1997

Judgment

CaseIQ

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the affirmation of the plaintiff's treating chiropractor was sufficient to demonstrate the existence of factual issues as to whether the plaintiff suffered a serious injury within the meaning of Insurance Law § 5102 (see, Stark v. Amadio, 239 A.D.2d 569; Rut v. Grigonis, 214 A.D.2d 721; Bates v. Peeples, 171 A.D.2d 635).

Miller, J. P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.