Legal Opinion

Aguilar v. Hicks

Appellate Division of the Supreme Court of the State of New York

Decided July 22, 2004PublishedCited by 2 opinions

1Opinion of the Court

*319Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered on or about May 9, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

While plaintiffs physician appears to rely on MRIs in concluding that plaintiff “has sustained permanent partial functional impairment of the lumbar spine, spinal roots and knees,” he simply fails to indicate the extent or degree of any resulting physical limitations (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350 [2002]). Indeed, from the report, it does not appear that plaintiff…

2Cases cited2 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Hutchinson v. Beth Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by2 opinions

  1. Perez v. VasquezAppellate Division of the Supreme Court of the State of New York · 2010
  2. Forster v. NovicAppellate Division of the Supreme Court of the State of New York · 2015

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