Reyes v Diaz
2011 NY Slip Op 01711 [82 AD3d 484]
March 8, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


Yahaira Reyes, Respondent,
v
Alejandro A. Diaz et al., Appellants.

[*1] Feinman & Grossbard, P.C., White Plains (Steven N. Feinman of counsel), for appellants.

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, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to make a prima facie showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendants' orthopedic surgeon failed to indicate the objective tests used to determine the range of motion in plaintiff's hip. Defendants failed 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 was degenerative was "too equivocal to satisfy defendant[s'] prima facie burden to show that such herniation 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.