De La Rosa v. Okwan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about November 5, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established prima facie that plaintiff did not sustain a serious injury involving a “permanent consequential” or “significant” limitation of use of her cervical or lumbar spine or right shoulder (see Insurance Law § 5102 [d]). Their orthopedist concluded, based on physical examination and review of plaintiff’s medical records, that plaintiff sustained no injuries as a…
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