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WHITAKER v. SOUMANO

4149, 110457/07.

81 A.D.3d 411 (2011)

916 N.Y.S.2d 48

ROBERT WHITAKER, Appellant, v. SAMBALY SOUMANO et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 1, 2011.

Defendants established prima facie that plaintiff did not sustain a serious injury as a result of the accident by submitting the reports of doctors who concluded, based on independent medical examinations, that plaintiff's range of motion was normal (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]). However, plaintiff submitted sufficient objective medical evidence to raise factual issues as to the "significant limitation...

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