Jno-Baptiste v. Buckley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendant’s submissions, including the affirmed report of an orthopedist and the transcript of plaintiffs deposition, met his prima facie burden of showing that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d). In opposition, plaintiff failed to raise a triable issue with respect to whether she suffered a permanent consequential or significant limitation. The MRI report merely shows findings “suggestive of transient patellar dislocation.” However, a dislocation alone, without evidence of some permanent or significant limitation, does not constitute a…
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