Lazu v. Harlem Group, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendants established their prima facie entitlement to judgment as a matter of law by submitting evidence showing that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d). In opposition, plaintiff failed to raise a triable issue of fact.
The record demonstrates that plaintiff failed to submit evidence in admissible form with findings on his ranges of motion contemporaneous with the accident. Although the letter of his treating physician contained such contemporaneous findings, it was unsigned, and “[statements and reports by the injured party’s examining…
2Cases cited4 opinions
- Valentin v.Appellate Division of the Supreme Court of the State of New York · 2009
- Clemmer v. Drah Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Lam v. DongAppellate Division of the Supreme Court of the State of New York · 2011
- Hernandez v. AlmanzarAppellate Division of the Supreme Court of the State of New York · 2006
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- Barry v. AriasAppellate Division of the Supreme Court of the State of New York · 2012
- Williams v. HormanAppellate Division of the Supreme Court of the State of New York · 2012
- Luetto v. AbreuAppellate Division of the Supreme Court of the State of New York · 2013
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