IVY DANIELS, plf-ap, v. S.R.M. MANAGEMENT CORP. def-res, LUIS JOSE PEREZ, def

8465. IVY DANIELS, plf-ap, v. S.R.M. MANAGEMENT CORP. def-res, LUIS JOSE PEREZ, def — Jacoby & Meyers, L.L.P., Newburgh (Kara L. Campbell of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for res — Order, Supreme Court, Bronx County (Stanley Green, J.), entered August 2, 2011, which granted defendants S.R.M. Management Corp. and Victor Cruz-Gonzalez's motion for summary judgment dismissing the complaint alleging serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, to deny the motion as to the claims of injury of a permanent nature, and otherwise affirmed, without costs.

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8465. IVY DANIELS, plf-ap, v. S.R.M. MANAGEMENT CORP. def-res, LUIS JOSE PEREZ, def — Jacoby & Meyers, L.L.P., Newburgh (Kara L. Campbell of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for res — Order, Supreme Court, Bronx County (Stanley Green, J.), entered August 2, 2011, which granted defendants S.R.M. Management Corp. and Victor Cruz-Gonzalez’s motion for summary judgment dismissing the complaint alleging serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, to deny the motion as to the claims of injury of a permanent nature, and otherwise affirmed, without costs.

The 34-year-old plaintiff alleges that she suffered serious injuries to her right knee, right shoulder, and cervical and lumbar spine as the result of a motor vehicle accident that occurred when she was a passenger in a livery cab in February 2009. Although defendants presented conflicting evidence as to whether plaintiff suffered a tear of the rotator cuff of her right shoulder or of the medial meniscus of her right knee, they established prima facie the absence of serious injury through the expert medical reports of a radiologist and orthopedist who opined that MRI films of each body part showed only preexisting, degenerative conditions and no evidence of traumatic injury and the orthopedist’s findings that plaintiff had full range of motion, except for one minor limitation, in all affected parts as of February 2010 (see Rosa-Diaz v. Maria Auto Corp., 79 AD3d 463, 464 [1st Dept 2010]).

IVY DANIELS, plf-ap, v. S.R.M. MANAGEMENT CORP. def-res, LUIS JOSE PEREZ, def

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