Diaz v. Nunez

Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 13, 2003, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

In moving for summary judgment on the ground that plaintiff did not suffer a “serious injury” within the meaning of Insurance Law § 5102 (d), defendants submitted the affirmed report of only one medical expert, a radiologist. The sole basis for the expert’s report was her review of x-rays created at an unknown location on June 18, 2000, a…