Lopez v. Eades

Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered July 8, 2010, which denied defendant’s motion for summary judgment dismissing the complaint on the threshold issue of serious injury under Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in defendant’s favor dismissing the complaint.

Defendant met his. initial burden of establishing prima facie that plaintiff did not sustain a serious injury, by submitting the affirmed report of an orthopedic surgeon detailing the objective tests he…