Melo v. Grullon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendant established prima facie that plaintiff did not sustain a serious injury resulting in either a “permanent consequential” or a “signifícant” limitation of use of his lumbar spine by submitting an affirmation by a neurologist who examined plaintiff and found a full range of motion of the *453lumbar spine, and diagnosed him with a resolved lumbar sprain/ strain (see Baez v Boyd, 90 AD3d 524 [1st Dept 2011]).
In opposition, plaintiff raised an issue of fact by submitting an MRI report by his radiologist, who found a disc herniation at L4-5; a report by a physician who opined that a subsequent…
2Cases cited4 opinions
- Oberly v. Bangs Ambulance, Inc.New York Court of Appeals · 2001
- Hospedales v. DoeAppellate Division of the Supreme Court of the State of New York · 2010
- Thompkins v. OrtizAppellate Division of the Supreme Court of the State of New York · 2012
- Baez v. BoydAppellate Division of the Supreme Court of the State of New York · 2011
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- Kone v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2013
- Osborne v. DiazAppellate Division of the Supreme Court of the State of New York · 2013