KOOBLALL v. MORRIS

ORDERED that the judgment is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The evidence at trial was insufficient, as a matter of law, to prove that the plaintiff Pooran Kooblall sustained a serious injury within the meaning of Insurance Law § 5102(d) (see, Keane v. Maringola, 270 A.D.2d 458). The testimony of one of the injured plaintiff's medical experts, an orthopedic surgeon, was based upon an examination which took place several years before trial, rather than upon a recent examination (see, Gaddy v. Eyler, 79 N.Y.2d 955, 958; Guzman v. Michael Mgt., 266 A.D.2d 508; Kosto v. Bonelli, 255 A.D.2d 557). Moreover, the injured plaintiff's other witness, a chiropractor, failed to specify the extent or degree of limitation of movement experienced by the injured plaintiff in connection with the injuries to his spine and the associated muscles and ligaments of his back (see, Licari v. Elliott, 57 N.Y.2d 230, 239; Kosto v. Bonelli, supra; Wilkins v. Cameron, 214 A.D.2d 557).

In light of this conclusion, we do not address the appellant's remaining contentions.