The record raises a triable issue of material fact as to whether plaintiff suffered a "serious injury" pursuant to Insurance Law § 5102 (d) in the form of a "significant limitation of use of a body function or system," i.e., alleged injuries to her lower back purportedly limiting range of motion. In his affidavit, Dr. Westrich opined that plaintiff had suffered, inter alia, a "30% decrease [in] flexibility of her lumbosacral spine upon flexion & extension...
Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.