Lesser v. Smart Cab Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered September 12, 2000, granting defendants’ motion for summary judgment, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated, and the matter remanded for further proceedings.
Plaintiff Stuart Lesser complained of neck, back and finger pain following his involvement in a two-car collision while he was a passenger in a taxicab. An MRI of the cervical spine revealed two protruding discs. Plaintiffs’ physician, Dr. Berkowitz, advised that these herniated discs were a permanent injury, and…
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