Opinion
570027/06.
Decided July 20, 2006.
Defendants Elrac, Inc. and Morey appeal from an order of the Civil Court, Bronx County (Howard H. Sherman, J.), dated November 17, 2003, which denied their motion for summary judgment dismissing the complaint, and from an order (same court and Judge), dated February 9, 2005, which upon renewal, adhered to the prior decision.
Order (Howard H. Sherman, J.), dated February 9, 2005, affirmed, with $10 costs.Appeal from order (Howard H. Sherman, J.), dated November 17, 2003, dismissed as superceded by the appeal from the order granting renewal.
PRESENT: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD, JJ
Plaintiff's treating physicians found substantial restrictions of motion of plaintiff's lumbar and cervical spine in the near aftermath of the vehicular accident, limitations which persisted years later. These restrictions were objectively measured and quantified, and corroborated by positive straight leg raising tests and MRI results showing disc injury. Medical reports connected plaintiff's injuries and symptoms to the accident ( see Ferguson v. Budget Rent-A-Car, 21 AD3d 730; Sepulveda v. Reyes, 19 AD3d 297). The evidence thus raised issues of fact as to whether plaintiff sustained "serious injury" within the meaning of Insurance Law § 5102[d]. Plaintiff established, through her own affidavit and her doctors' reports, that her injuries prevented her from working for at least six months following the accident ( see Garner v. Tong, 27 AD3d 401).
This constitutes the decision and order of the court.