Deasis v. Butler

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered July 30, 2012, which, insofar as appealed from, denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident by submitting the affirmed reports of their orthopedist and dentist who both examined plaintiff and found full range of motion in both parts of the spine, and the jaw. In addition, the orthopedist concluded…