Flihan v. Mutch

Memorandum: Supreme Court properly denied defendants’ motion for summary judgment. We conclude from our review of the record that there is sufficient evidence to raise a triable issue of fact whether plaintiff June Flihan suffered a "serious injury” within the meaning of the No-Fault Law (see, Francis v Basic Metal, 144 AD2d 634 , 635). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Summary Judgment.) Present — Callahan, J. P., Doerr, Green and Lawton, JJ.