Westerband v. Buitraso

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered February 10, 2016, which denied 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 granted. The Clerk is directed to enter judgment accordingly.

Defendants established prima facie that plaintiff did not sustain a serious injury by submitting the affirmed report of a radiologist who reviewed a CT scan of plaintiff’s lumbar spine taken after the accident and…