Pineda v. Moore

— Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered May 4, 2012, which, to the extent appealed from as limited by the briefs, granted defendants Wesley Werner Moore and Truckin Moore’s cross motion for summary judgment dismissing plaintiffs complaint, unanimously reversed, on the law, without costs, and the motion denied.

Defendants failed to establish their entitlement to judgment as a matter of law. One of defendants’ examining physicians found limited ranges of motion in plaintiffs lumbar spine raising a triable issue of fact on the issue of whether plaintiff suffered a…