Jacobs v. Rolon

Order, Supreme Court, Bronx County (Cynthia S. Kern, J.), entered June 17, 2009, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.

Defendant met his initial burden of proof on the motion. He established that plaintiff’s injuries were not, as a matter of law, serious (Insurance Law § 5102 [d]) through the report of an orthopedic surgeon, who determined that, 2½ years after the subject motor vehicle accident, plaintiff demonstrated only an insignificant reduction in…