STARK v. AMADIO

Ordered that the order is affirmed, with costs.

The plaintiff met his burden of demonstrating the existence of factual issues with respect to whether he suffered a "serious injury" within the meaning of Insurance Law § 5102(d). The medical reports of the plaintiff's treating chiropractor, the truth and accuracy of which are sworn to by affidavit, present objective quantified evidence of the degree of limitation with respect to the use of the plaintiff's cervical spine and the duration of the limitation (see, Rut v. Grigonis, 214 A.D.2d 721; Bates v. Peeples, 171 A.D.2d 635).

Miller, J.P., Thompson, Joy and Luciano, JJ., concur.