Rampersaud v. Eljamali
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered March 6, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted based on the failure to establish a serious injury within the meaning of Insurance Law § 5102 (d). The Clerk is directed to enter judgment dismissing the complaint.
The reports of defendant’s expert orthopedist and radiologist established prima facie that plaintiffs injuries were not permanent or significant because they had resolved and plaintiff had full range of…
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