Lumpkins v. Kendrick

—Judgment and order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion for judgment at the close of plaintiffs proof on the ground that plaintiff failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d). With respect to his allegation that he sustained a significant limitation of use of a body function or system, plaintiff failed to support his subjective claims of pain and limitation of motion with the requisite objective medical findings (see, Taber v Skulicz, 265 AD2d 902; Stowell v Safee, 251…