Opinion
570911/05.
Decided May 11, 2006.
Defendant appeals from so much of an order of the Civil Court, Bronx County (Larry S. Schachner, J.), dated November 1, 2004, as denied her motion for summary judgment dismissing the complaint.
Order (Larry S. Schachner, J.), dated November 1, 2004, affirmed, without costs.
PRESENT: DAVIS, J.P., GANGEL-JACOB, J.
Civil Court properly denied defendant's motion for summary judgment without prejudice to renewal upon completion of discovery. Defendant's submission revealed the existence of a possible serious injury, i.e., a fractured tooth ( see Moffitt v. Murray, 2 AD3d 1110; Kennedy v. Anthony, 195 AD2d 942). Moreover, plaintiff's showing in opposition effectively contradicted defendant's evidence tending to indicate that plaintiff's spinal condition was degenerative in origin. Plaintiff's orthopedist attributed his spinal injuries to the accident, offered a qualitative assessment of their effect on his activities and mobility ( see Toure v. Avis Rent-A-Car, 98 NY2d 345), and opined that the condition was permanent and that treatment would be of no benefit ( see Pommells v. Perez, 4 NY3d 566, 577).
This constitutes the decision and order of the court.