Pindo v. Lenis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In response to defendant’s prima facie showing that plaintiff did not sustain a serious injury, plaintiff proffered sufficient evidence to raise an issue of fact as to whether the alleged injuries to his cervical and lumbar spines were “significant” within the meaning of Insurance Law § 5102 (d). Days after the accident, plaintiffs treating physician found that his cervical and lumbar *587spine suffered limitations in range of motion in multiple planes, and that physician continued to find diminished ranges of motion at subsequent examinations. Such injuries, if proven, are significant enough to…
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