Opinion
570271/11.
08-24-2011
Harris Olorunfemi, Plaintiff-Respondent, - - v. Xavier Collado and Jeanette Collado, Defendants-Appellants.
PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ
Defendants appeal from an order of the Civil Court of the City of New York, Bronx County (Robert R. Reed, J.), dated July 12, 2010, which denied their motion for summary judgment dismissing the complaint.
Per Curiam.
Order (Robert R. Reed, J.), dated July 12, 2010, affirmed, with $10 costs.
Defendants made a prima facie showing that plaintiff did not sustain serious injury as a result of the 2007 motor vehicle accident by submitting affirmed reports of their medical experts, who examined plaintiff and his medical records, and found full range of motion and no disc herniation or traumatic injury to the spine (see Spencer v Golden Eagle, Inc., 82 AD3d 589, 590-591 [2011]; Tsamos v Diaz, 81 AD3d 546 [2011]).
In opposition, plaintiff raised triable issues of fact by providing his treating doctor's quantified, objective assessment of significant restrictions of motion of plaintiff's cervical and lumbar spine one day after the accident, and the supporting affidavit of his chiropractor. The chiropractor, who treated plaintiff for two prior accidents in 2003, detailed plaintiff's prior injuries and treatment and his 2010 evaluation, adequately explaining the basis for his conclusion that plaintiff's recent symptoms were causally related to the instant accident, as opposed to the prior accidents (see Alozie v Tempesta & Son Co., Inc., 83 AD3d 535, 536 [2011]; Spencer v Golden Eagle, Inc., 82 AD3d at 591; Hammett v Diaz-Frias, 49 AD3d 285 [2008]).
In the circumstances of this case, the differing medical opinions as to the extent, effects and causation of plaintiff's injuries raised triable issues of fact (see Pisani v First Class Car & Limousine Serv. Corp., 82 AD3d 596, 597 [2011]; see Tsamos v Diaz, 81 AD3d at 546-547).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.