Garner v. Tong

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered August 4, 2005, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs medical expert’s affidavit, in this personal injury automobile accident case, sufficiently established a serious injury as defined in Insurance Law § 5102 (d), inasmuch as it was based on quantitative measurements such as the use of an inclinometer to measure range of motion and straight leg testing, and objective medical evidence such as a sworn MRI report (Toure v Avis Rent A Car…