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ABDEL MONEM FATHI, plf-ap, v. NEWTON SODHI def-res

2643. ABDEL MONEM FATHI, plf-ap, v. NEWTON SODHI def-res — Leav & Steinberg, LLP, New York (Justin C. Meserole of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for res — Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered August 11, 2015, which granted defendants' motion for summary judgment dismissing the complaint on the serious injury threshold of Insurance Law §5102(d), unanimously modified, on the law, to deny the motion as to the claim of permanent consequential and significant limitations of use of the cervical spine, and otherwise affirmed, without costs.

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2643. ABDEL MONEM FATHI, plf-ap, v. NEWTON SODHI def-res — Leav & Steinberg, LLP, New York (Justin C. Meserole of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for res — Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered August 11, 2015, which granted defendants’ motion for summary judgment dismissing the complaint on the serious injury threshold of Insurance Law §5102(d), unanimously modified, on the law, to deny the motion as to the claim of permanent consequential and significant limitations of use of the cervical spine, and otherwise affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not suffer a permanent consequential or significant limitation of use of his cervical or lumbar spine as a result of the subject motor vehicle accident. Their neurologist found no objective evidence of impairment in plaintiff’s cervical or lumbar spine (see Mejia v. Ramos, 124 AD3d 449 [1st Dept 2015]). Their radiologist found cervical disc bulges and lumbar disc herniations, but opined that these conditions were degenerative in nature and not causally related to the accident.

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