Opinion
570389/05, 05-242.
Decided December 8, 2005.
Defendants Renewal Arts Contracting Corp. and Luis D. Rodriguez appeal from an order of the Civil Court, Bronx County (Fernando Tapia, J.), entered March 7, 2005, which denied their motion for summary judgment dismissing the complaint.
Order, (Fernando Tapia, J.), entered March 7, 2005, affirmed, with $10 costs.
PRESENT: Suarez, P.J., McCooe, Gangel-Jacob, JJ., Justices.
The record reveals triable issues as to whether plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d). MRI reports indicate bulging discs "encroaching upon" and "narrowing" the neural foramen. The affirmation of plaintiff's treating physician recounts his examination that included positive straight-leg raising and other objective tests, attesting to quantified and significant limitations of movement, all attributed to the injuries sustained in the 1999 accident ( see Ferguson v. Budget Rent-a-Car, ___ AD3d ___, 800 NYS2d 693 [ 21 AD3d 730] [2005]). Defendants' medical experts failed to connect plaintiff's injury to any pre-existing degenerative condition ( see Julemis v. Gates, 281 AD2d 396) that might have been attributable to a prior accident ( id.; Dettori v. Molzon, 306 AD2d 308).
This constitutes the decision and order of the Court.