GRILL v. KEITH


286 A.D.2d 247 (2001)

729 N.Y.S.2d 102

ELLEN GRILL, Appellant, v. DEBORAH L. KEITH et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided August 9, 2001.


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...

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