Opinion
November 13, 1995
Appeal from the Supreme Court, Rockland County (Weiner, J.).
Ordered that the judgment is reversed, on the law, and the complaint is dismissed; and it is further,
Ordered that the appeal from the order is dismissed as academic in light of our determination on the appeal from the judgment; and it is further,
Ordered that the defendant is awarded one bill of costs.
The plaintiff's evidence showed that he suffered from a lumbosacral sprain and some minor limitations of movement. However, his testimony failed to quantify either the pain he suffered or the limitations of movement. Under the circumstances of this case, the proof adduced by the plaintiff showed, at best, minor limitations on his use of a body function or system. Such is insufficient to permit a jury to find that there was a serious injury pursuant to Insurance Law § 5102 (d) (see, Gaddy v Elyer, 79 N.Y.2d 955; Adams v Holy Spirit Assn. Unification of World Christianity, 216 A.D.2d 261; Cannizzaro v King, 187 A.D.2d 842). Thompson, J.P., Joy, Goldstein and Florio, JJ., concur.