In this personal injury action defendant was granted summary judgment in that plaintiff did not suffer a serious injury within the meaning of the Insurance Law. On appeal the Appellate Division Second Deparment held that the Plaintiff’s treating chiropractor in her affidavit created a question of fact based on her contemporaneous and most recent examinations of the plaintiff which showed a herniated disc at C5-6 and that range of motion limitations were related to the subject accident. Nigro v. Kovac
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