Castillo v. Collado

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about October 26, 2010, which denied defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the *582meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendants established the absence of serious injury by submitting an affirmed report by an orthopedic surgeon who found, on physical examination, that the range of motion in plaintiffs left knee was normal and, on review of the MRI taken about three weeks after the accident, that…