Thompson v. Saunders

The defendant made 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 Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]), shifting the burden to the plaintiff to produce sufficient evidence to raise a triable issue of fact.

In opposition, the plaintiff failed to raise a triable issue of fact. The plaintiff failed to produce competent medical evidence of restrictions in range of motion roughly contemporaneous with the subject accident (see LaFerlita v Seagull 2000, Inc., 54 AD3d 905…