Legal Opinion
Kovacev v. Ferreira Bros. Contracting, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 2004PublishedCited by 5 opinions
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about April 10, 2003, dismissing the complaint upon a jury verdict finding that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.
The trial court properly precluded plaintiffs treating physician from referring to hearsay MRI reports in testifying about plaintiffs back and neck injuries. A treating physician’s opinion at trial cannot be based on an out-of-court interpretation of MRI films prepared by another health care professional who is not…
2Cases cited4 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Wagman v. BradshawAppellate Division of the Supreme Court of the State of New York · 2002
- Murphy v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2004
- Hoffman v. City of New YorkNew York Supreme Court · 1988
3Cited by5 opinions
- Dwight v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Kinard v. South Shore Dialysis CenterAppellate Division of the Supreme Court of the State of New York · 2007
- Freeman v. ShtogajAppellate Division of the Supreme Court of the State of New York · 2019
- Mosley v. E.H.J. LLCAppellate Division of the Supreme Court of the State of New York · 2018
- Pardodefigueroa v. Turner Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2006