Majority
Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered November 6, 2015, which, in this action for personal injuries sustained in a motor vehicle accident, granted defendant’s motion for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.
Defendant established entitlement to judgment as a matter of law by showing that plaintiff did not sustain a serious injury to his lumbar spine. Defendant submitted, inter alia, the affirmed report of a neurologist, who found full range of motion and normal test results, and opined that plaintiff’s injuries had resolved (see Birch v 31 N. Blvd., Inc., 139 AD3d 580 [1st Dept 2016]; Alvarez v NYLL Mgt. Ltd., 120 AD3d 1043 , 1044 [1st Dept 2014], aff'd 24 NY3d 1191 [2015]).
In opposition, plaintiff failed to raise a triable issue of fact. Plaintiff did not submit recent evidence of limitations in his
In view of the foregoing, the issue of liability is academic (see Angeles v Versace Inc., 124 AD3d 544 , 545 [1st Dept 2015]).
Concur — Sweeny, J.P., Renwick, Andrias, Kahn and Gesmer, JJ.
Cases cited
- Birch v. 31 Northern Blvd., Inc. 139 AD3d 580 p. 652
- Alvarez v. NYLL Management Ltd. 120 AD3d 1043 at 1044 p. 652
- Alvarez v. NYLL Management Ltd. 24 NY3d 1191 p. 652
- Haniff v. Khan 101 AD3d 643 at 644 p. 653
- Colon v. Torres 106 AD3d 458 p. 653
- Jno-Baptiste v. Buckley 82 AD3d 578 p. 653