Calcano v. Rodriguez

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about March 10, 2011, which, in an action for personal injuries sustained in a motor vehicle accident, granted defendant’s motion for summary judgment dismissing the complaint, reversed, on the law, without costs, and the motion denied.

Defendant demonstrated that the injuries plaintiff sustained to his left shoulder and to his lumbar and cervical spines were not serious within the meaning of Insurance Law § 5102 (d). Defendant submitted evidence, including the affirmed reports of a radiologist and an orthopedist, showing…