SPADOLA v. MILLER

Ordered that the order is affirmed, with costs.

Triable issues of fact exist as to whether the plaintiff Sadowa Spadola sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). The plaintiffs submitted a chiropractor's affidavit stating that based upon objective testing, Sadowa Spadola sustained permanent injuries to his spine and muscular system as a direct result of the underlying motor vehicle accident. The chiropractor quantified the limitations in the rotation, extension, and flexion in the injured plaintiff's cervical, lumbar, and dorso-lumbar spine ( see, Steuer v. DiDonna, 233 A.D.2d 494; Bates v. Peeples, 171 A.D.2d 635).

Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.