OSMARIE ENCARNACION, plf-res, v. LUIS R. CASTILLO, def-ap, MICKY SANTIAGO-GONZALEZ, def

2784. OSMARIE ENCARNACION, plf-res, v. LUIS R. CASTILLO, def-ap, MICKY SANTIAGO-GONZALEZ, def — Robert A. Peirce & Associates, White Plains (Julie L. Mer of counsel), for ap — The Law Office of Robert E. Schleier, Jr., PLLC, Huntington (Robert E. Schleier, Jr. of counsel), for res — — Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered on or about August 17, 2016, which, insofar as appealed from as limited by the briefs, denied defendant's motion for summary judgment dismissing the claims of serious injury of a permanent nature within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.

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2784. OSMARIE ENCARNACION, plf-res, v. LUIS R. CASTILLO, def-ap, MICKY SANTIAGO-GONZALEZ, def — Robert A. Peirce & Associates, White Plains (Julie L. Mer of counsel), for ap — The Law Office of Robert E. Schleier, Jr., PLLC, Huntington (Robert E. Schleier, Jr. of counsel), for res — — Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered on or about August 17, 2016, which, insofar as appealed from as limited by the briefs, denied defendant’s motion for summary judgment dismissing the claims of serious injury of a permanent nature within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.

Defendant established prima facie that plaintiff did not sustain a serious injury involving significant or permanent consequential limitations of use of her cervical and lumbar spine through the affirmed report of an orthopedist who found normal ranges of motion, negative test results, and resolved strains/sprains in those parts (see Reyes v Se Park, 127 AD3d 459 [1st Dept 2015]; Rickert v Diaz, 112 AD3d 451 [1st Dept 2013]). Defendant’s expert did not dispute that MRI studies of plaintiff’s spine revealed disc herniations impinging on the thecal sac at multiple levels, and that her spinal injuries were causally related to the motor vehicle accident, which involved a head-on collision on a highway.

OSMARIE ENCARNACION, plf-res, v. LUIS R. CASTILLO, def-ap, MICKY SANTIAGO-GONZALEZ, def

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