Legal Opinion
Barhak v. Almanzar-Cespedes
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2012PublishedCited by 4 opinions
1Opinion of the Court
Plaintiff alleges that as a result of a rear-end motor vehicle accident that occurred in August 2009, he sustained permanent injuries to his cervical spine, lumbar spine, left elbow, and left shoulder. Defendant met his prima facie burden by submitting, among other things, the affirmation of an orthopedic surgeon who found upon recent examination that each body part exhibited full range of motion (see Spencer v Golden Eagle, Inc., 82 AD3d 589 [1st Dept 2011]; DeLeon v Ross, 44 AD3d 545 [1st Dept 2007]). As to plaintiffs claimed cervical spine injury, defendant proffered the affirmation of a…
2Cases cited10 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Lee Yuen v. Arka Memory Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Spencer v. Golden Eagle, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Mitrotti v. EliaAppellate Division of the Supreme Court of the State of New York · 2012
- Martinez v. Goldmag Hacking Corp.Appellate Division of the Supreme Court of the State of New York · 2012
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3Cited by4 opinions
- Paulling v. City Car & Limousine Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- McIntosh v. Sisters Servants of MaryAppellate Division of the Supreme Court of the State of New York · 2013
- Anderson v. PenaAppellate Division of the Supreme Court of the State of New York · 2014
- McIntosh v. Sisters Servants of MaryAppellate Division of the Supreme Court of the State of New York · 2013