Opinion
Argued March 1, 2001
April 16, 2001.
In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Queens County (Schmidt, J.), entered January 26, 2000, which, upon a jury verdict finding that the plaintiff had sustained a serious injury within the meaning of Insurance Law § 5102(d), is in favor of the plaintiff and against them.
Richard W. Babinecz, New York, N.Y. (Helman R. Brook of counsel), for appellants.
Bader Yakaitis, LLP (Seligson Rothman Rothman, New York, N Y [Alyne I. Diamond and Paul Yakaitis] of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER and SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.
Under the circumstances of this case, the Supreme Court erred in the manner in which it permitted the plaintiff's orthopedist to testify concerning the plaintiff's quantified restrictions in the range of motion of the lumbar and cervical portions of his spine. Since the testimony was crucial in determining whether the plaintiff had sustained a serious injury within the meaning of Insurance Law § 5102(d), a new trial is warranted (see, Hambsch v. New York City Tr. Auth., 63 N.Y.2d 723; Erosa v. Rinaldi, 270 A.D.2d 384; Nuzzo v. Castellano, 254 A.D.2d 265; Schwartz v. Gerson, 246 A.D.2d 589).