Prince v. Lovelace

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered February 7, 2013, which granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion denied.

Defendant failed to establish prima facie that plaintiff did not suffer a serious injury to his right knee as a result of the accident. Defendant’s expert orthopedist did not measure the range of motion of the knee, and failed to identify any tests that…