Martinez v. Yi Zhong Chen

*835The defendant Jasmine Romero failed to make a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Insurance Law § 5102 [d]; Toure v Avis Rent A Car Sys., 98 NY2d 345, 352 [2002]; Gaddy v Eyler, 79 NY2d 955, 955-956 [1992]). On her motion for summary judgment, Romero did not address the injuries to the plaintiffs left ankle alleged in the plaintiffs bill of particulars, and did not submit a report from any physician who examined the plaintiffs left ankle (see Bitterman v Dennis, 78 AD3d…