Hayes v. Riccardi

Order unanimously affirmed, with costs. Memorandum: The doctor’s report annexed to plaintiff’s affidavit in opposition to the motion for summary judgment is of no probative value on the issue of serious physical injury. Although the doctor, in the language of the statute, stated that his examination “shows a significant limitation of usage [of plaintiff’s] neck and back muscles and also the cervical spine,” he did not describe the examination and, particularly, he did not state “the extent of the limitation of movement” (see Licari v Elliott, 57 NY2d 230, 239). Nevertheless, defendant’s…