Legal Opinion

Pou v. E&S Wholesale Meats, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 2009PublishedCited by 11 opinions

1Opinion of the Court

*447Defendants met their initial burden of demonstrating the absence of any permanent or significant physical limitation of plaintiffs lumbar or cervical spine by submitting the affirmed report of an expert who examined plaintiff and concluded, based upon objective tests conducted, that he had not suffered a permanent consequential limitation or a significant limitation (see Onishi v N & B Taxi, Inc., 51 AD3d 594, 595 [2008]). In opposition, plaintiff failed to raise a triable issue of fact.

Plaintiffs expert’s assertions of range-of-motion limitations during the period shortly after the accident…

2Cases cited7 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Thompson v. AbbasiAppellate Division of the Supreme Court of the State of New York · 2005
  3. Zoldas v. Louise Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Takahisa Onishi v. N & B Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Gorden v. TibulcioAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by11 opinions

  1. Jno-Baptiste v. BuckleyAppellate Division of the Supreme Court of the State of New York · 2011
  2. Salman v. RosarioAppellate Division of the Supreme Court of the State of New York · 2011
  3. Komina v. GilAppellate Division of the Supreme Court of the State of New York · 2013
  4. Rubencamp v. Arrow Exterminating Co.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Wetzel v. SantanaAppellate Division of the Supreme Court of the State of New York · 2011

6 more not listed; retrieve them via the Exa API.

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