| Harrigan v Kemmaj |
| 2011 NY Slip Op 05200 [85 AD3d 559] |
| June 16, 2011 |
| Appellate Division, First Department |
| Karyn Harrigan, Also Known as Karyn Tyler,Appellant, v Henchan Kemmaj, Respondent. |
—[*1] Cohen, Kuhn & Associates, New York (Ira Goldman of counsel), for respondent.
Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered September 14,2010, which granted defendant's motion for summary judgment dismissing the complaint on thethreshold issue of serious injury within the meaning of Insurance Law § 5102 (d),unanimously modified, on the law, without costs, the motion denied as to the 90/180-day claim,and otherwise affirmed, without costs.
Defendant made a prima facie showing that plaintiff did not sustain permanent injuries as aresult of the April 2007 automobile accident by submitting an affirmed report by an orthopedistwho examined plaintiff in March 2009 and found full range of motion and no abnormalities inher knee (see Porter v Bajana, 82AD3d 488 [2011]; DeJesus vPaulino, 61 AD3d 605, 607 [2009]).
In response, plaintiff failed to raise an issue of fact as to the permanent nature of her injuries.We note that the August 2007 postoperative report by plaintiff's surgeon indicates no restrictionsin range of motion (see Pou v E&SWholesale Meats, Inc., 68 AD3d 446 [2009]).
Defendant failed to show prima facie that plaintiff did not sustain a 90/180-day injury.Concur—Andrias, J.P., Friedman, Sweeny, Renwick and RomÁn, JJ.