Feaster v. Boulabat
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered April 20, 2010, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants failed to meet their initial burden of establishing prima facie that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Their examining orthopedist found limitations in range of motion in plaintiffs cervical and lumbar spines and both knees, and opined that these were attributable to degenerative changes. However,…
2Cases cited6 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Pommells v. PerezNew York Court of Appeals · 2005
- Linton v. NawazNew York Court of Appeals · 2010
- Linton v. NawazAppellate Division of the Supreme Court of the State of New York · 2009
- Glynn v. HopkinsAppellate Division of the Supreme Court of the State of New York · 2008
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