Njie v. Thompson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*422Defendant made a prima facie showing of entitlement to summary judgment as to plaintiffs claims of “significant limitation of use” of his right shoulder (Insurance Law § 5102 [d]; see Spencer v Golden Eagle, Inc., 82 AD3d 589, 590 [1st Dept 2011]). Defendant submitted an expert medical report finding normal ranges of motion, as well as the report of a radiologist who opined that the MRI of plaintiff’s shoulder revealed no abnormalities.
In opposition, plaintiff raised a triable issue of fact, since his treating physicians found a tear in his right shoulder (see Duran v Kabir, 93 AD3d 566, 567…
2Cases cited7 opinions
- Perl v. MeherNew York Court of Appeals · 2011
- Linton v. NawazNew York Court of Appeals · 2010
- Rubin v. SMS Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Spencer v. Golden Eagle, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Biascochea v. BovesAppellate Division of the Supreme Court of the State of New York · 2012
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3Cited by2 opinions
- Santos v. PerezAppellate Division of the Supreme Court of the State of New York · 2013
- Santos v. PerezAppellate Division of the Supreme Court of the State of New York · 2013