Patterson v. Rivera
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The motion was properly denied on the ground that defendants’ expert did not address the MRI reports showing herniated discs, which in conjunction with other evidence was indicative of serious injury (see Wadford v Gruz, 35 AD3d 258 [2006]; Nix v Yang Gao Xiang, 19 AD3d 227 [2005]). Since defendants failed to meet their initial burden on the motion, there is no need to consider plaintiffs opposing papers (see id.). Concur— Mazzarelli, J.P., Saxe, Friedman and Nardelli, JJ.
2Cases cited2 opinions
- Wadford v. GruzAppellate Division of the Supreme Court of the State of New York · 2006
- Nix v. Yang Gao XiangAppellate Division of the Supreme Court of the State of New York · 2005
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