Quinones v. Ksieniewicz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Paul Wooten, J.), entered January 27, 2010, which granted defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion as to plaintiff’s 90/180-day claim, and otherwise affirmed, without costs.
The affirmed reports of defendants’ orthopedic surgeon and neurologist concerning plaintiffs range of motion and lack of evidence of disability established prima facie that plaintiff suffered no…
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