| Sone v Qamar |
| 2009 NY Slip Op 09383 [68 AD3d 566] |
| December 17, 2009 |
| Appellate Division, First Department |
| Marling Sone, Appellant, v Cheryl Qamar,Respondent. |
—[*1] Cullen and Dykman LLP, Brooklyn (Ian T. Williamson of counsel), forrespondent.
Order, Supreme Court, New York County (Paul Wooten, J.), entered November 28, 2008,which granted defendant's motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Defendant satisfied her initial burden of demonstrating, prima facie, that plaintiff did notsustain a serious injury as defined by Insurance Law § 5102 (d). Defendant submitted theaffirmed report of a neurologist who found no neurological deficits and noted only a 20-degreelimitation on flexion in plaintiff's lumbosacral spine.
Plaintiff failed to meet her consequent burden to provide evidence which raised a triableissue of fact concerning whether she sustained such a serious injury, instead relying on thefinding of defendant's doctor. However, the limitation noted by defendant's doctor is notsignificant within the meaning of Insurance Law § 5102 (d) (see Style v Joseph, 32 AD3d 212,214 [2006]). Moreover, defendant's doctor opined that it was not causally related to the accidentand plaintiff provided nothing which raised a triable issue of fact concerning this element ofproof. Accordingly, the court properly granted summary judgment. Concur—Gonzalez,P.J., Mazzarelli, Nardelli, Acosta and RomÁn, JJ. [Prior Case History: 2008 NY SlipOp 33184(U).]