Britt v. Goodspeed Transit

Order, Supreme Court, Bronx County (Howard R. Silver, J), entered January 18, 2007, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff s physician’s affirmation as to a continuing 30% reduction in range of motion in lumbar extension, as well as significant left shoulder residual limitations, raise issues of fact on whether he suffered a “serious injury” (Insurance Law § 5102 [d]). These findings, made during a physical examination three years after the accident, were compared with this doctor’s findings during his…