Alloway v. Rodriguez

Order, Supreme Court, Bronx County (John A. Barone, J.), entered October 31, 2008, which denied defendant Rodriguez’s motion and defendants Hiles’s cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion and cross motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Defendants met their initial burden of demonstrating the absence of any permanent or significant physical limitation of plaintiffs lumbar or cervical spine by submitting a report from Rodriguez’s expert, a…