Reed v. Righton Limo, Inc.

*1071The appellants failed to meet their prima facie burden of 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 Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The appellants relied on, inter alia, the affirmed medical report of Dr. Michael J. Carciente, their examining neurologist. As part of his examination of the plaintiff on April 21,. 2009, Dr. Carciente failed to perform any range-of-motion testing of the cervical and lumbar regions of the…