Opinion
570414/07.
Decided on February 28, 2008.
Defendants Chriss Transit Inc. and Javaid Khan appeal from an order of the Civil Court of the City of New York, Bronx County, entered February 7, 2007 (Francis M. Alessandro, J.), which denied their motion for summary judgment dismissing the complaint.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.
Order (Francis M. Alessandro, J.), entered February 7, 2007, affirmed, with $10 costs.
The injured plaintiff's treating physician quantified restrictions of motion, attributed plaintiff's pain and limitations of motion to the July 2004 vehicular accident and opined that plaintiff's injuries were permanent. These findings, based upon the doctor's own examinations of plaintiff and objective medical testing, were sufficient to raise triable issues as to whether plaintiff sustained serious injury within the meaning of Insurance Law § 5102(d) ( see Britt v Goodspeed Tr., 41 AD3d 179; Jones v Budhwa, 23 AD3d 154). While sustaining the action upon the aforementioned ground, we note that the record is devoid of any objective medical evidence substantiating plaintiff's 90/180-day claim.
We note that the court's use of a pre-printed form devoid of any case-specific analysis in deciding the underlying summary judgment motion was in derogation of Nadle v L.O. Realty, 286 AD2d 130 (2001), which requires a reasoned opinion to "assure the parties that the matter was fully considered and resolved logically in accordance with the specific facts and law."
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.