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MITROTTI v. ELIA

6488, 112025/06

91 A.D.3d 449 (2012)

936 N.Y.S.2d 42

2012 NY Slip Op 42

ROBERTO MITROTTI, Appellant, v. FRANK J. ELIA, Respondent.

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

Decided January 5, 2012.

Defendant established his entitlement to judgment as a matter of law by demonstrating that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendant submitted an affirmed report of an orthopedist finding normal ranges of motion in plaintiff's cervical and lumbar spine, and left knee (see Porter v Bajana, 82 A.D.3d 488 [2011]). Defendant also...

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