McIntosh v. Sisters Servants of Mary

Order of the Appellate Term of the Supreme Court, First Department, entered on or about December 30, 2010, which af*673firmed an order of the Civil Court, Bronx County (Mitchell Danziger, J.), entered on or about June 9, 2010, denying defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not sustain a serious injury as a result of the subject accident by proffering the affirmation of a radiologist who found…