IVY TORRES, plf-ap, v. FALLOU NDONGO def-res

9754. IVY TORRES, plf-ap, v. FALLOU NDONGO def-res — Mitchell Dranow, Sea Cliff, for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for res — Order, Supreme Court, New York County (George J. Silver, J.), entered December 14, 2011, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Defendants established their entitlement to judgment as a matter of law in this action where plaintiff alleges that she suffered serious injuries to her cervical and lumbar spine as a result of being hit by defendants’ taxi in 2008. Defendants submitted affirmed medical reports showing that plaintiff did not suffer permanent consequential or significant limitation of use of her cervical and lumbar spines as a result of the accident, since she currently had full range of motion in the affected body parts and her MRI films showed only degenerative changes consistent with her age (see Colon v. Vincent Plumbing & Mech. Co., 85 AD3d 541, 541-542 [1st Dept 2011]). Defendants also submitted plaintiff’s deposition testimony and medical records indicating that she had suffered similar injuries in a prior car accident two years earlier.