Britt v Goodspeed Tr.

Britt v Goodspeed Tr. 2007 NY Slip Op 05159 [41 AD3d 179] Decided on June 12, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 12, 2007
Mazzarelli, J.P., Andrias, Nardelli, Williams, Gonzalez, JJ.
1316
Index 15644/05

[*1]Laythrop Britt, Plaintiff-Respondent,

v

Goodspeed Transit, et al., Defendants-Appellants.




Feinman & Grossbard, P.C., White Plains (Steven N. Feinman
of counsel), for appellants.
Keith A. Hawthorne, Bronx, for respondent.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered January 18, 2007, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff's physician's affirmation as to a continuing 30% reduction in range of motion in lumbar extension, as well as significant left shoulder residual limitations, raise issues of fact on whether he suffered a "serious injury" (Insurance Law
§ 5102[d]). These findings, made during a physical examination three years after the accident, were compared with this doctor's findings during his examination of plaintiff the day after the accident. The doctor also cited an MRI taken one month after the accident, revealing lumbar disc herniation and bulge, and opined that significant quantified and permanent range-of-motion limitations of the left shoulder were caused by this accident (see Cespedes v McNamee, 308 AD2d 409 [2003]; Verderosa v Simonelli, 260 AD2d 293 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 12, 2007

CLERK