Williams v Parke |
2003 NY Slip Op 18519 [1 AD3d 240] |
November 20, 2003 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
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Mizwell Williams, Respondent, v James Parke et al., Appellants, et al., Defendant. (And Other Actions.) |
— Order, Supreme Court, Bronx County (Dianne Renwick, J.), entered May 1, 2003, which denied defendants-appellants' motion for summary judgment dismissing the complaint as against them on the ground that plaintiff did not suffer a serious injury as defined by Insurance Law § 5102 (d), unanimously affirmed, without costs.
Plaintiff's doctor's affirmation, correlating significant quantified range of motion limitations in plaintiff's lower back, among other conditions, to herniated and bulging discs revealed in an MRI taken shortly after the accident in October 2000, and opining that the disability to plaintiff's back is permanent, is sufficient to raise an issue of fact as to whether plaintiff sustained a serious injury (see Cespedes v McNamee, 308 AD2d 409 [2003]). Contrary to defendants' contention, there is no unexplained gap of 2