| Moore v Renewal Arts Contr. Corp. |
| 2005 NY Slip Op 52000(U) [10 Misc 3d 131(A)] |
| Decided on December 8, 2005 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants Renewal Arts Contracting Corp. and Luis D. Rodriguez appeal from an order of the Civil Court, Bronx County (Fernando Tapia, J.), entered March 7, 2005, which denied their motion for summary judgment dismissing the complaint.
PER CURIAM:
Order, (Fernando Tapia, J.), entered March 7, 2005, affirmed, with $10 costs.
The record reveals triable issues as to whether plaintiff sustained a serious injury within the meaning of Insurance Law § 5102(d). MRI reports indicate bulging discs "encroaching upon" and "narrowing" the neural foramen. The affirmation of plaintiff's treating physician recounts his examination that included positive straight-leg raising and other objective tests, attesting to quantified and significant limitations of movement, all attributed to the injuries sustained in the 1999 accident (see Ferguson v Budget Rent-a-Car, __ AD3d __, 800 NYS2d 693 {21 AD3d 730} [2005]). Defendants' medical experts failed to connect plaintiff's injury to any pre-existing degenerative condition (see Julemis v Gates, 281 AD2d 396 [2001]) that might have been attributable to a prior accident (id.; Dettori v Molzon, 306 AD2d 308 [2003]).
This constitutes the decision and order of the Court.
Decision Date: December 08, 2005