| Beazer v Webster |
| 2010 NY Slip Op 01584 [70 AD3d 587] |
| February 25, 2010 |
| Appellate Division, First Department |
| Regina D. Beazer, Respondent, v Fraser M. Webster et al.,Appellants. |
—[*1] Robert D. Rosen, Roslyn, for respondent.
Order, Supreme Court, New York County (Paul Wooten, J.), entered December 3, 2008,which denied defendants' motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Defendants failed to meet their prima facie burden of establishing that plaintiff did not suffera serious injury under Insurance Law § 5102 (d). Defendants' experts did not address orattempt to distinguish the objective findings of plaintiff's MRI, the EMG/NCV scan, and theother evidence of serious injury (seePatterson v Rivera, 49 AD3d 337 [2008]). Defendants' failure to indicate the objectivetests used to determine the range of motion in plaintiff's cervical spine was fatal to their efforts toestablish a prima facie case for summary dismissal (Offman v Singh, 27 AD3d 284 [2006]). Concur—Gonzalez,P.J., Mazzarelli, Nardelli, Acosta and Abdus-Salaam, JJ.