Bentham v. Rojas

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 7, 2007, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied as plaintiff presented sufficient objective evidence demonstrating the existence of triable issues of fact as to whether he sustained a “serious injury” as a result of the automobile accident between the parties (Insurance Law § 5102 [d]). An MRI taken after the accident revealed tears of the medial meniscus and anterior cruciate ligament in plaintiff’s left…