Majority
p. 1010Dorris P. MacDonald, Respondent, v Estate of Abraham Hamza, Deceased, by Patricia Mangone and Another, as Executors, Appellant.
Order unanimously affirmed without costs. Memorandum: Defendant moved for summary judgment to dismiss the complaint on the ground that plaintiff did not suffer a "serious injury” (see, Insurance Law § 5102 [d]). Supreme Court correctly denied the motion. Defendant’s contention that a chiropractor is an incompetent witness to
p. 1011
establish serious injury in this case is without merit (see, Badke v Barnett, 35 AD2d 347 ). (Appeal from Order of Supreme Court, Monroe County, Willis, J.—Negligence.) Present —Dillon, P. J., Boomer, Pine, Balio and Lowery, JJ.
Cases cited
- Badke v. Barnett 35 AD2d 347 p. 1011