Justice Arlene Bluth
Seye moved for summary judgment dismissing this personal injury action arguing Smalls did not sustain a "serious injury" as defined under Insurance Law §5012(d). Smalls alleged she sustained personal injuries when she was a passenger in a car owned and operated by Seye which collided with a vehicle owned by Wilson and driven by Daniels. Smalls claimed the accident aggravated various cervical and lumbar disc herniations and bulges, right shoulder injuries and caused head trauma. She stated she had shoulder surgery nearly 10 months after the accident. Seye submitted reports of various doctors who concluded that any cervical injuries were resolved and there was no basis to causally relate the injuries Smalls claimed to the subject accident. Smalls raised an issue of fact by presenting doctor affirmations concluding the subject accident either caused or severely aggravated plaintiff's cervical disc bulging and herniation, and caused disruption of the AC joint and impingement requiring shoulder surgery. She also crated an issue of fact regarding her 90/180 days claim as she testified she was confined to her home for four months and incapacitated from employment for one year after the accident. Thus, Seye's motion was denied.
