Chang v. Cardone

*583The defendant failed to meet his prima facie burden of demonstrating that the plaintiff Juan Chang did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The medical reports of the defendant’s own examining physicians contained evidence that the plaintiff Juan Chang had a significant range-of-motion limitation in his lumbosacral spine. The defendant further failed to demonstrate, prima facie, that the injuries were not causally…