Nathanson v. David

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Plaintiff seeks damages for injuries that he sustained in an automobile accident in November 1991. On this record, it cannot be determined as a matter of law whether plaintiff *931sustained a serious injury within the meaning of Insurance Law § 5102 (d). Defendants met their initial burden by submitting the report of a neurologist who examined plaintiff in August 1995 and found that he had a full range of motion of the cervical spine. Plaintiff raised…