Opinion
3813.
Decided June 8, 2004.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about July 17, 2003, which, to the extent appealed from, denied summary judgment dismissing the complaint with respect to plaintiff Belfield, unanimously affirmed, without costs.
Law Office of Robert P. Tusa, Yonkers (David Holmes of counsel), for appellant.
Law Offices of Michael T. Ridge, Bronx (Arthur L. Gallagher of counsel), for respondents.
Before: Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.
The evaluation by the responding plaintiff's treating physician was based on such objective medical evidence as MRIs, x-rays and EMG results ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345), and offered the opinion that the injuries were both related to the accident and permanent. This raises issues of fact as to whether this plaintiff sustained a "serious injury" within the meaning of Insurance Law § 5102(d).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.