Legal Opinion
Phillips v. Tolnep Limo Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 11, 2012PublishedCited by 10 opinions
1Opinion of the Court
Defendants made a prima facie showing of entitlement to judgment as a matter of law as to plaintiffs claims of “permanent consequential” and “significant limitation of use” of his lumbar spine (Insurance Law § 5102 [d]). Defendants submitted expert medical reports finding normal ranges of motion, as well as the report of a radiologist who opined that changes shown in an MRI of plaintiff were degenerative.
In opposition, plaintiff failed to raise a triable issue of fact as to his lumbar spine injuries. His physician’s measurement of a minor limitation in one plane of range of motion was…
2Cases cited3 opinions
- Canelo v. Genolg Transit, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Byong Yol Yi v. CanelaAppellate Division of the Supreme Court of the State of New York · 2010
- Lattan v. Gretz Transit Inc.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by10 opinions
- Vasquez v. AlmanzarAppellate Division of the Supreme Court of the State of New York · 2013
- Santos v. PerezAppellate Division of the Supreme Court of the State of New York · 2013
- Dorrian v. CantalicioAppellate Division of the Supreme Court of the State of New York · 2012
- Moore v. AlmanzarAppellate Division of the Supreme Court of the State of New York · 2013
- Rivera v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2013
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