Klejdi Dizdari v. Cheun Chhon

Summary

The Appellate Division, Second Department, reversed an order granting the defendants summary judgment in a personal-injury action. The court held that the plaintiff raised a triable issue of fact as to whether he sustained a serious injury under Insurance Law § 5102(d), based on medical evidence concerning cervical and lumbar spine injuries and an explanation for the gap in treatment.

Holdings

1. Although the defendants met their prima facie burden, the plaintiff raised a triable issue of fact through his treating physician's affirmation concerning whether he sustained serious cervical and lumbar injuries under the significant limitation of use and permanent consequential limitation of use categories of Insurance Law § 5102(d).
2. The plaintiff adequately explained the lengthy gap in his treatment through Dr. Levin's affirmation, so the treatment gap did not warrant summary judgment for the defendants.

Questions Presented

1. Whether the defendants established prima facie entitlement to summary judgment by showing that the plaintiff did not sustain a serious injury under Insurance Law § 5102(d).
2. Whether the plaintiff raised a triable issue of fact concerning serious injury under the significant limitation of use and permanent consequential limitation of use categories.
3. Whether the plaintiff adequately explained the lengthy gap in his medical treatment.

Disposition

reversed