JELISSA LUGO, AN INFANT BY HER MOTHER AND NATURAL GUARDIAN LUZ BERMUDEZ plf-res, v. ADOM RENTAL TRANSPORTATION, INC. def-ap, LYNN E. PETERS def

8963. JELISSA LUGO, AN INFANT BY HER MOTHER AND NATURAL GUARDIAN LUZ BERMUDEZ plf-res, v. ADOM RENTAL TRANSPORTATION, INC. def-ap, LYNN E. PETERS def — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for ap — Melvyn S. Jacknowitz, New York (Barry S. Huston of counsel), for res — Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered February 7, 2012, which denied defendants Adom Rental Transportation and Mamdee Jomandy's motion for summary judgment dismissing the complaint as against them on the threshold issue of serious injury under Insurance Law 5102(d), unanimously modified, on the law, to grant the motion as to all plaintiff Luz Bermudez's claims and as to plaintiff Jelissa Lugo's 90/180-day claim, and otherwise affirmed, without costs.

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8963. JELISSA LUGO, AN INFANT BY HER MOTHER AND NATURAL GUARDIAN LUZ BERMUDEZ plf-res, v. ADOM RENTAL TRANSPORTATION, INC. def-ap, LYNN E. PETERS def — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for ap — Melvyn S. Jacknowitz, New York (Barry S. Huston of counsel), for res — Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered February 7, 2012, which denied defendants Adom Rental Transportation and Mamdee Jomandy’s motion for summary judgment dismissing the complaint as against them on the threshold issue of serious injury under Insurance Law 5102(d), unanimously modified, on the law, to grant the motion as to all plaintiff Luz Bermudez’s claims and as to plaintiff Jelissa Lugo’s 90/180-day claim, and otherwise affirmed, without costs.

Defendants established prima facie the absence of a serious injury in Bermudez’s cervical spine, lumbar spine, and right shoulder by submitting the affirmed report of their orthopedist who, after examining Bermudez and reviewing her medical records, found no significant limitations in those areas and concluded that the injuries were caused by degenerative conditions consistent with Bermudez’s age and history of morbid obesity (Torres v. Triboro Servs., Inc., 83 AD3d 563 [1st Dept 2011]; Pines v. Lopez, 88 AD3d 545, 545 [1st Dept 2011]). Defendants also submitted their radiologist’s and Bermudez’s own radiologist’s CT scan reports noting only degenerative changes. In opposition, Bermudez failed to raise a triable issue of fact, since her treating physician did not set forth findings of limitations in quantitative or qualitative terms see Toure v. Avis Rent A Car Sys., 98 NY2d 345 [2002]).

JELISSA LUGO, AN INFANT BY HER MOTHER AND NATURAL GUARDIAN LUZ BERMUDEZ plf-res, v. ADOM RENTAL TRANSPORTATION, INC. def-ap, LYNN E. PETERS def

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