| Lamb v Rajinder |
| 2008 NY Slip Op 04148 [51 AD3d 430] |
| May 1, 2008 |
| Appellate Division, First Department |
| Michelle Lamb, Respondent, v Singh Rajinder et al.,Appellants. |
—[*1] George Poulos, Astoria, for respondent.
Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered November 29,2007, which denied defendants' motion for summary judgment dismissing the complaint,unanimously affirmed, without costs.
Defendants failed to meet their initial burden of establishing, prima facie, that plaintiff didnot sustain a serious injury within the meaning of Insurance Law § 5102 (d). The affirmedreport of defendants' examining neurologist failed to set forth the objective tests performedsupporting his claims that there was no limitation of range of motion, and their otologist'saffirmed report, finding, inter alia, that plaintiff's external auditory canals and tympanicmembranes were within normal limits, suffered from the same infirmity (see Nix v Yang Gao Xiang, 19 AD3d227 [2005]). Defendants' failure to meet their initial burden of establishing a prima faciecase renders it unnecessary to consider plaintiff's opposition to the motion (see Offman v Singh, 27 AD3d 284[2006]). Concur—Mazzarelli, J.P., Friedman, Sweeny and Moskowitz, JJ.