| Reyes v Diaz |
| 2011 NY Slip Op 01711 [82 AD3d 484] |
| March 8, 2011 |
| Appellate Division, First Department |
| Yahaira Reyes, Respondent, v Alejandro A. Diaz et al.,Appellants. |
—[*1] Budin, Reisman, Kupferberg & Bernstein, LLP, New York (Adam S. Bernstein of counsel),for respondent.
Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered June 17, 2010, whichdenied defendants' motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Defendants failed to make a prima facie showing that plaintiff did not sustain a serious injurywithin the meaning of Insurance Law § 5102 (d). Defendants' orthopedic surgeon failed toindicate the objective tests used to determine the range of motion in plaintiff's hip. Defendantsfailed to offer any expert opinion addressed to plaintiff's claimed psychological injuries (see Offman v Singh, 27 AD3d 284[2006]). In addition, the opinion of defendants' radiologist that plaintiff's herniation wasdegenerative was "too equivocal to satisfy defendant[s'] prima facie burden to show that suchherniation was not caused by a traumatic event" (Glynn v Hopkins, 55 AD3d 498, 498 [2008]).
In view of the foregoing, we need not consider the sufficiency of plaintiff's opposition(see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).Concur—Andrias, J.P., Catterson, Moskowitz, Abdus-Salaam and RomÁn, JJ.