Chakrani v Beck Cab Corp., 2011 NY Slip Op 01591 [82 AD3d 436]

March 3, 2011

Appellate Division, First Department

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

Marder, Eskesen & Nass, New York (Chad P. Ayoub of counsel), for respondent.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered August 10, 2010, which, in an action for personal injuries sustained when plaintiff was struck by a motor vehicle, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to establish their entitlement to judgment as a matter of law. Defendants’ examining orthopedic surgeon found, inter alia, limited ranges of motion in plaintiff’s cervical and lumbar spines, as well as in his left ankle and foot. These findings clearly raise triable issues of fact as to whether plaintiff sustained serious injuries within the meaning of Insurance Law § 5102 (d) ( see Servones v Toribio , 20 AD3d 330 [2005]). Furthermore, even assuming that defendants had met their initial burden, plaintiff’s submissions were sufficient to defeat the motion. Concur—Mazzarelli, J.P., Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ..