Haniff v. Khan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Plaintiffs car was rear-ended by a cab driven and owned by defendants on September 24, 2009, and he subsequently commenced this action alleging serious injuries to his lower back and left shoulder under the “significant limitation,” “permanent consequential limitation,” and 90/180-day injury categories of Insurance Law § 5102 (d).
Defendants established prima facie absence of a serious injury in the lumbar spine and shoulder by submitting the affirmed report of an orthopedist who examined plaintiff in October 2010 and found full range of motion, negative clinical test results, and resolved…
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