Lamb v. Rajinder
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered November 29, 2007, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants failed to meet their initial burden of establishing, prima facie, that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The affirmed report of defendants’ examining neurologist failed to set forth the objective tests performed supporting his claims that there was no limitation of range of motion, and their otologist’s affirmed report,…
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- Torres v. KnightAppellate Division of the Supreme Court of the State of New York · 2009
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