Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

SULLIVAN v. DAWES

Appellate Division of the Supreme Court of New York, Second Department.
Apr 4, 2006
Important Paras
Please sign up to view Important Paras.

Ordered that the order is affirmed, with costs.

The orthopedist's affirmation upon which the defendants' motion for summary judgment was predicated assigned a numerical value to the range of motion of the plaintiff's lumbar spine, but failed to compare his findings against the normal range of motion. Accordingly, the defendants failed to make a prima facie showing of entitlement to judgment on the issue of whether the plaintiff sustained a serious injury within the meaning of Insurance Law ยง 5102 (d) ( see Browdame v. Candura, 25 AD3d 747; Paulino v. Dedios, 24 AD3d 741; Kennedy v. Brown, 23 AD3d 625, 626), and the Supreme Court properly denied the defendants' motion ( see Boone v. New York City Tr. Auth., 263 AD2d 463; see generally Toure v. Avis Rent A Car Sys., 98 NY2d 345; cf. Kearse v. New York City Tr. Auth., 16 AD3d 45, 49-50; Meely v. 4 G's Truck Renting Co., Inc., 16 AD3d 26, 29-30).