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JORDAN FIELDS, Respondent, v. JOSE HILDAGO et al., Appellants, et al., Defendants.

Ordered that the order is affirmed, with costs.

The appellants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident ( see Toure v Avis Rent A Car Sys., 98 NY2d 345; Gaddy v Eyler, 79 NY2d 955, 956-957). In support of their motion, the appellants relied on, inter alia, the affirmed medical report of Dr. Martin Barschi, their examining orthopedic surgeon. Dr. Barschi noted significant limitations in the cervical and lumbar regions of the plaintiffs spine during active range-of-motion testing when he examined the plaintiff more than a year postaccident.

Since the appellants failed to meet their prima facie burden, we need not address the question of whether the plaintiffs submissions raised a triable issue of fact ( see Smith v Hartman, 73 AD3d 736, — 2010 NY Slip Op 03899, *1 [2010]; Quiceno v Mendoza, 72 AD3d 669; Kjono v Fenning, 69 AD3d 581, 582; Coscia v 938 Trading Corp., 283 AD2d 538).

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JORDAN FIELDS v. HILDAGO
(Jun 1, 2010)