Opinion
No. 1131.
October 8, 2009.
Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered January 30, 2008, after a jury trial, awarding damages for personal injuries and bringing up for review, inter alia, the denial of defendants' motion at the close of evidence for judgment as a matter of law, unanimously reversed, on the law, without costs, defendants' motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Steve S. Efron, New York, for appellants.
Becker Russo, P.C., New York (Ephrem J. Wertenteil of counsel), for respondent.
Before: Mazzarelli, J.P., Friedman, Catterson, Renwick and Abdus-Salaam, JJ.
Plaintiff failed to make out a prima facie case of serious injury under either a quantitative or qualitative analysis ( see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351). Plaintiff's testimony indicated that he suffered relatively minor restrictions, such as a limited ability to play pool and lift heavy objects, which is insufficient to establish serious injury absent an objective showing of restrictions ( see Toure at 350-351; Gaddy v Eyler, 79 NY2d 955; Scheer v Koubek, 70 NY2d 678).