Milazzo v. Gesner

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 25, 2005, which granted the motion by defendants Gesner and Alexandre and the cross motion by defendant Mayer for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs failed to set forth sufficient evidence to demonstrate a question of fact that they had sustained serious injuries as defined in Insurance Law § 5102 (d). Their medical submissions did not specify who had performed the range-of-motion tests on each plaintiffs cervical and lumbar spine, when they were performed, the…