| Desir v Castillo |
| 2009 NY Slip Op 01438 [59 AD3d 659] |
| February 24, 2009 |
| Appellate Division, Second Department |
| Sansion Desir et al., Appellants, v Luis Castillo,Respondent. |
—[*1] White & McSpedon, P.C., New York, N.Y. (Baker, McEvoy, Morrissey & Moskovits, P.C.[Holly E. Peck], of counsel), for respondent.
In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from somuch of an order of the Supreme Court, Kings County (Solomon, J.), dated October 25, 2007, asgranted that branch of the defendant's motion which was for summary judgment dismissing thecomplaint insofar as asserted by the plaintiff Yolette Lange on the ground that she did not sustaina serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the appeal by the plaintiff Sansion Desir is dismissed, as that plaintiff is notaggrieved by the portion of the order appealed from; and it is further,
Ordered that the order is reversed insofar as appealed from by the plaintiff Yolette Lange, onthe law, and that branch of the defendant's motion which was for summary judgment dismissingthe complaint insofar as asserted by the plaintiff Yolette Lange is denied; and it is further,
Ordered that one bill of costs is awarded to the plaintiff Yolette Lange.
Although the defendant established his prima facie entitlement to summary judgment asagainst the plaintiff Yolette Lange (seeLuckey v Bauch, 17 AD3d 411 [2005]; Sims v Megaris, 15 AD3d [*2]468 [2005]; Check v Gacevk, 14 AD3d 586 [2005]), the plaintiffs submittedsufficient evidence in opposition to raise a triable issue of fact as to whether Lange sustained aserious injury. The plaintiffs' objective medical evidence included affirmations from thephysician who had treated Lange in the months following the accident, as well as from thephysicians who had examined her in response to the summary judgment motion, in which thephysicians, inter alia, quantified their findings of reduced ranges of motion in her cervical spine,lumbar spine, and left knee (seeDjetoumani v Transit, Inc., 50 AD3d 944 [2008]; Fisher v Williams, 289 AD2d288 [2001]). Skelos, J.P., Santucci, Angiolillo, Dickerson and Chambers, JJ., concur.