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MARK JACOBOWITZ, respondent, v. RICHARD ROVENTINI, ET AL., appellants.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Gaddy v. Eyler, 79 N.Y.2d 955). However, the plaintiff's admissible medical evidence, showing that he suffers from disc bulges and a herniation in the cervical spine, together with evidence of a causally-related degree of limitation in the range of motion of his cervical spine and its duration, were sufficient to raise a triable issue of fact (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345).

ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.

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JACOBOWITZ v. ROVENTINI
(Feb 13, 2003)