Cartha v. Quinn

Order, Supreme Court, Bronx County (George D. Salerno, J), entered November 1, 2007, which denied defendants-appellants’ motion for summary judgment dismissing the complaint for lack of a serious injury as required by Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion granted. Upon a search of the record, the Clerk is directed to enter judgment dismissing the complaint in its entirety.

Plaintiffs medical reports, while indicating disc and elbow injuries, do not correlate the range-of-motion measurements therein to a norm, or otherwise show how the alleged…