Duldulao v. City of New York

Goldstein, J.,

dissents and votes to reverse the order insofar as appealed from, on the law, and to deny the motions for summary judgment, with the following memorandum. The respondents, in their motion papers for summary judgment, contended that it was “clear” from the “independent orthopedic examination” by Dr. Irwin Nelson that the plaintiff did not sustain a serious injury. In that report, Dr. Nelson noted that the plaintiff exhibited “mild kyphosis,” and “subjective complaints regarding her neck, but no objective findings.” Dr. Nelson also noted that a magnetic resonance imaging…