MANCUSI v. McDONALD

The measured limitations of motion of approximately 60 degrees of rotation in the cervical and lumbosacral spine areas described in the medical reports of plaintiff's treating physicians are sufficient to raise an issue of fact whether, as a result of the accident, plaintiff sustained a non-permanent injury or impairment within the meaning of Insurance Law § 5102 (d) (see, Baker v Catania, 151 A.D.2d 629, citing Swenning v Wankel, 140 A.D.2d 428, citing Lopez v Senatore, 65 N.Y.2d 1017).

Concur — Sullivan, J.P., Kupferman, Asch, Williams and Tom, JJ.