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GONZALEZ v. BAIK

36 A.D.3d 854 (2007)

830 N.Y.S.2d 224

CARLOS GONZALEZ, Respondent, v. SEUNG E. BAIK, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 30, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the determination of the Supreme Court, the defendants established prima facie that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident which occurred on May 2, 2003 on the ground, inter alia, that he currently exhibited no limitations of range of motion (see Kearse v New York City Tr. Auth.,

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