Mercado-Arif v. Garcia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered February 3, 2009, which denied defendants’ motion and cross motion for summary judgment dismissing the complaint, modified, on the law, to grant the motion and cross motion as to plaintiff’s 90/180-day claim, and otherwise affirmed, without costs.
Defendants-appellants (hereinafter defendants) made a prima facie showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). While one of their experts, Dr. Schwartz, found limitations in plaintiff’s ranges of motion, he did not causally relate…
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