EDWARD RICE, plf-res, v. ABDOULAHI CAR SERVICE, SOULEYANE KONE, def-ap, -and- AMERICAN TRANSIT INSURANCE COMPANY, def
12-435. EDWARD RICE, plf-res, v. ABDOULAHI CAR SERVICE, SOULEYANE KONE, def-ap, -and- AMERICAN TRANSIT INSURANCE COMPANY, def — Order (Ben R. Barbato, J.), entered October 31, 2011, affirmed, with $10 costs.
Defendants 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 cervical or lumbar spine by submitting expert medical reports of a neurologist and orthopedist who found normal ranges of motion, and of a radiologist who opined that MRIs of plaintiff's spine showed no injury (see Amaro v. American Med. Response of N.Y., Inc., 99 AD3d 563 ; Duran v. Kabir, 93 AD3d 566 ).
In opposition, plaintiff raised triable issues by submitting, inter alia, an affirmed report of his treating physician, who found limitations in spinal range of motion shortly after the underlying July 2005 vehicular accident and persisting six years later, and, while acknowledging plaintiff's involvement in prior accidents, opined that plaintiff's range of motion limitations were directly caused by the July 2005 accident (see Melo v. Grullon, __ AD3d __, 2012 NY Slip Op 08432 [1st Dept 2012]).
In the absence of a cross appeal by plaintiff, the propriety of the court's dismissal of his 90/180-day serious injury claim is not properly before us.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.