Aviles v. Villapando

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered April 5, 2012, which granted defendants’ motion for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion denied.

Defendants established prima facie through the affirmed reports of their expert physician and radiologist that the 25-year-old plaintiff had fully recovered from any sprains or strains sustained to his cervical and lumbar spine as a result of the accident, and that the MRI films…