Rivera v. Losee

In an action to recover damages for

personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Rouse, J.), dated May 1, 2015, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

Ordered that the order is affirmed, with costs.

The defendant, whose expert found a significant limitation in the range of motion in the lumbar region of the plaintiff’s spine, failed to meet his prima facie burden of…