JUANA FRIAS, plf-ap, v. VICTOR CESAR GONZALEZ-VARGAS def-res

3088-3089. JUANA FRIAS, plf-ap, v. VICTOR CESAR GONZALEZ-VARGAS def-res — David S. Kritzer & Associates, P.C., Smithtown (David S. Kritzer of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for Victor Cesar Gonzalez-Vargas, res — Maroney O'Connor LLP, New York (Ross T. Herman of counsel), for Juan R. Hernandez, res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered September 14, 2015, which granted defendants' separate motions for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, to deny the motions to the extent they sought dismissal of plaintiff's claims that she suffered serious injuries involving two ribs, her cervical spine and her lumbar spine, and otherwise affirmed, without costs. Order, same court and Justice, entered March 2, 2016, which, to the extent appealed from, denied plaintiff's motion to renew, unanimously affirmed, without costs.

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3088-3089. JUANA FRIAS, plf-ap, v. VICTOR CESAR GONZALEZ-VARGAS def-res — David S. Kritzer & Associates, P.C., Smithtown (David S. Kritzer of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for Victor Cesar Gonzalez-Vargas, res — Maroney O’Connor LLP, New York (Ross T. Herman of counsel), for Juan R. Hernandez, res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered September 14, 2015, which granted defendants’ separate motions for summary judgment dismissing the complaint on the threshold issue of serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, to deny the motions to the extent they sought dismissal of plaintiff’s claims that she suffered serious injuries involving two ribs, her cervical spine and her lumbar spine, and otherwise affirmed, without costs. Order, same court and Justice, entered March 2, 2016, which, to the extent appealed from, denied plaintiff’s motion to renew, unanimously affirmed, without costs.

Defendants satisfied their prima facie burden of demonstrating that plaintiff did not sustain a serious injury to her right shoulder, cervical spine or lumbar spine by submitting the reports of their orthopedists and neurologists, who found full range of motion and opined that plaintiff’s injuries had resolved (see Birch v. 31 N. Blvd., Inc., 139 AD3d 580, 580-581 [1st Dept 2016]). They also submitted an MRI report prepared by plaintiff’s radiologist, who found no evidence of a rotator cuff tear in the right shoulder, a report of a portable chest X-ray taken in the emergency room, finding no rib fracture, and the report of an expert in emergency medicine, who opined that plaintiff’s emergency room records were inconsistent with her claimed serious injuries.

JUANA FRIAS, plf-ap, v. VICTOR CESAR GONZALEZ-VARGAS def-res

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