Opinion
Submitted March 21, 2001.
April 16, 2001.
In an action to recover damages for personal injuries, etc., the defendants Leisure Time Tours and Jay N. Pouncy, Jr., appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schneier, J.), dated August 17, 2000, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted by the plaintiff Gavin A. Crandon.
Friedberg Raven, LLP, New York, N.Y. (Michael T. Reagan and Keith A. Raven of counsel), for appellants.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed in its entirety.
The defendants made a prima facie showing that the plaintiff Gavin A. Crandon did not sustain a serious injury within the meaning of Insurance Law § 5102(d). In opposition, Crandon submitted the affirmed medical report of Dr. Nathan Levin, which failed to state what, if any, objective tests were performed to determine the alleged restrictions in the range of motion of his lumbosacral spine (see, Monaco v. Davenport, 277 A.D.2d 209; Lobo v. Singh, 259 A.D.2d 523; Grossman v. Wright, 268 A.D.2d 79, 85; Russell v. City of Mount Vernon, 256 A.D.2d 454; Smith v. Askew, 264 A.D.2d 834; Kauderer v. Penta, 261 A.D.2d 365).
RITTER, J.P., KRAUSMAN, FLORIO and FEUERSTEIN, JJ., concur.