Merlis v. Lupo
| Decision Date | 25 February 1985 |
| Parties | Neil J. MERLIS, Respondent, v. Joseph M. LUPO, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Huenke, Gallagher & Abbate, Garden City (Michael E. Lipson, Garden City, of counsel), for appellants.
Jonathan E. Forman, New York City, for respondent.
Before MANGANO, J.P., and BRACKEN, WEINSTEIN and NIEHOFF, JJ.
MEMORANDUM BY THE COURT.
In an automobile negligence action to recover damages, inter alia, for a "serious injury" pursuant to Insurance Law § 5102(d) (formerly § 671), defendants appeal from an order of the Supreme Court, Suffolk County, dated July 11, 1983, which denied their motion for summary judgment.
Order affirmed, with costs.
Viewing the record in the light most favorable to plaintiff, the party opposing the motion for summary judgment (Waldron v. Wild, 96 A.D.2d 190, 468 N.Y.S.2d 244), we conclude that plaintiff's claim of "serious injury" within the meaning of Insurance Law § 5102(d) presents a question of fact to be resolved by a jury (see Licari v. Elliott, 57 N.Y.2d 230, 455 N.Y.S.2d 570, 441 N.E.2d 1088; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 416 N.Y.S.2d 790, 390 N.E.2d 298).
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