[*1]
Barrientos v Valdez
2005 NY Slip Op 51630(U) [9 Misc 3d 132(A)]
Decided on October 11, 2005
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570630/04

Victor Barrientos, Plaintiff-Respondent,

against

Jose Valdez, TEODORO GARCIA, EDWIN MEDINA AND GELCO CORP., Defendants-Appellants.


Defendants appeal from an order of the Civil Court, Bronx County, entered May 18, 2004 (Francis M. Alessandro, J.) denying their motions for summary judgment dismissing the complaint.


PER CURIAM:

Order entered May 18, 2004 (Francis M. Alessandro, J.), affirmed, with $10 costs.

The medical affirmation detailing plaintiff's injuries and connecting them to the motor vehicle accident, together with plaintiff's affidavit as to the extent of his disabling symptoms, sufficed to raise a factual issue as to whether plaintiff sustained "serious injury" as defined in Insurance Law § 5102(d) (see Rice v Moses, 300 AD2d 213 [2002]; Molloy v D'Angelillo, 267 AD2d 65 [1999]).

This constitutes the decision and order of the Court. [*2]
Decision Date: October 11, 2005