Rincon v Martinez

[*1] Rincon v Martinez 2009 NY Slip Op 51476(U) [24 Misc 3d 135(A)] Decided on July 13, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 13, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570513/08.

Francisco Rincon, Plaintiff-Respondent,

against

Pedro Martinez, Defendant, -and- Nelson L. Reyes and Bienvenido Pena, Defendants-Appellants.

Defendants Nelson L. Reyes and Bienvenido Pena appeal from an order of the Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), dated February 4, 2008, which denied their motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Francis M. Alessandro, J.), dated February 4, 2008, affirmed, with $10 costs.

In opposition to defendant-appellants' prima facie showing of entitlement to judgment on the question of serious injury (see Insurance Law § 5102[d]; Santana v Khan, 48 AD3d 318 [2008]), plaintiff raised a triable issue via his treating physician's affirmation quantifying range of motion limitations of plaintiff's cervical and lumbar spine, correlating clinical findings to MRI and other tests, describing the functional impact of the limitations on plaintiff's daily activities and causally relating them to the motor vehicle accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350 [2002]; Tuico v Maher, 52 AD3d 201 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 13, 2009