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EDWIN CORDERO, Respondent, v. FORD CREDIT TITLING TRUST INSURANCE CENTER, Defendant, and PATRICIA SAMMON et al., Appellants.

Ordered that the order is affirmed, with costs.

The defendants Patricia Sammon and Brian Sammon made a prima facie 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). However, in opposition to the motion, the plaintiff raised a triable issue of fact by submitting, inter alia, the affirmed report of a neurologist quantifying the decreased range of motion in his cervical and lumbar spines based upon a recent examination, and affirmed magnetic resonance imaging test reports finding multiple disc herniations and bulges ( see Santiago v Rodriguez, 38 AD3d 639; Lim v Tiburzi, 36 AD3d 671; Gonzalez v Baik, 36 AD3d 854; Holley v Salsa, Inc., 35 AD3d 814).

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CORDERO v. FORD CREDIT TITLING
(Apr 24, 2007)