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MELO v. GRULLON

8753, 309086/09.

101 A.D.3d 452 (2012)

955 N.Y.S.2d 581

2012 NY Slip Op 8432

PEDRO MELO, Appellant, v. JOSE GRULLON, Respondent.

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

December 6, 2012.

Defendant established prima facie that plaintiff did not sustain a serious injury resulting in either a "permanent consequential" or a "significant" limitation of use of his lumbar spine by submitting an affirmation by a neurologist who examined plaintiff and found a full range of motion of the lumbar spine, and diagnosed him with a resolved lumbar sprain/ strain (see Baez v Boyd, 90 A.D.3d 524

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