Serbia v. Mudge
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered March 9, 2011, which granted defendants’ motion for summary judgment dismissing the complaint based on the failure to establish a serious injury within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion denied.
Defendants made a prima facie showing of entitlement to summary judgment as to plaintiff’s claims of “significant limitation of use” of her lumbar spine, by submitting expert medical reports finding normal ranges of motion, as well as the report of a radiologist who…
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