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IGOR KERZHNER, Respondent, v. N.Y. UBU TAXI CORP. et al., Appellants.

Ordered that the order is affirmed, with costs.

The affirmation of the defendants' examining physician stating that the results of the plaintiff's neurological testing were normal, and that the plaintiff had a full range of motion in his cervical and lumbar spines, was sufficient to establish a prima facie case that the plaintiff did not sustain a serious injury ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345; Gaddy v. Eyler, 79 NY2d 955). However, the affirmation of the plaintiff's examining physician was sufficient to raise a triable issue of fact. The physician stated that he examined the MRI films showing the existence of bulging discs, and that he had measured limitations, which he quantified in his report, in the plaintiff's range of motion using a goniometer.

Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment on reargument.

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KERZHNER v. N.Y. UBU TAXI CORP
(Apr 11, 2005)