Clerroburn v Threadgill

[*1] Clerroburn v Threadgill 2005 NY Slip Op 50113(U) Decided on February 2, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 2, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: February 2, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.
2004-239 Q C

ALIX CLERROBURN, Respondent,

against

ROBERT A. THREADGILL, Appellant.

Appeal by defendant from an order of the Civil Court, Queens County (V. Brathwaite Nelson, J.), entered June 24, 2003, which denied his motion for summary judgment.

Order unanimously affirmed without costs.

Defendant moved for summary judgment on the ground that plaintiff failed to satisfy the threshold requirement of suffering a serious injury under Insurance Law
5102 (d).

In our opinion, the order denying defendant's motion should be affirmed. Plaintiff successfully opposed the motion by submitting evidence that he sustained an injury which satisfied the 90/180-day category of the statute, thereby raising a triable issue of fact. The plaintiff submitted an affidavit from his chiropractor who treated him for more than three months immediately after the accident. He stated that he conducted objective medical tests and found that plaintiff was unable to work for three months after the accident. The plaintiff testified at his examination before trial that the pain in his lower back prevented him from working as a parking attendant for three months and that after he returned to work he had to resign because of the pain in his lower back (see Van Norden-Lipe v Hamilton, 294 AD2d 749 [2002]).
Decision Date: February 02, 2005