Almost three years after the accident, plaintiff's physician's examination revealed a 10-degree restriction on right and left lateral bend, sporadic decreased right-hand sensation to pinprick, an equal but depressed deep tendon reflex in both uppers, and weak right-hand grasp strength. On the basis of these observations, the physician opined that plaintiff was showing the "residua of a cervical derangement as a result of his accident." A second examination conducted 4½ years after the accident revealed the same symptoms, as well as range of motion in the neck that was restricted 10 degrees to the right, 20 degrees to the left, 5 degrees at forward flexion and 10 degrees at hyperextension, which restrictions, in view of their persistence, were described as permanent. These observations constitute objective medical evidence sufficient to raise an issue of fact as to whether plaintiff sustained a serious injury (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345, 350;Adetunji v. U-Haul Co., 250 A.D.2d 483; Camilo v. Forlini, 304 A.D.2d 386, 756 N.Y.S.2d 751; Ramos v. Dekhtyar, 301 A.D.2d 428). The time gap between plaintiff's initial course of treatment and his initial examination by the above physician is raised by defendant for the first time on appeal, and we decline to review it (but cf. Ramos, id. at 429-430). We have considered defendants' other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.