Shapiro v. Spain Taxi, Inc.

Order, Supreme Court, New York County (Arlene R Bluth, J.), entered November 6, 2015, which granted defendants’ motion for summary judgment dismissing the complaint on the threshold issue of serious injury of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion denied.

Defendants established prima facie that plaintiff Sebastian Shapiro (Mr. Shapiro) did not sustain a serious injury to his left shoulder by submitting the affirmed report of an orthopedist who found normal range of motion, negative test results, and a resolved “[a]cute and chronic”…