Bailey v. Islam
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The conflicting expert opinions as to the existence of a fracture in the injured plaintiffs cervical spine precludes summary dismissal. While defendants established absence of a fracture by submitting the affirmed report of their radiologist, who found no evidence of post-traumatic changes, plaintiff raised a triable issue of fact by submitting the affirmation of his radiologist averring that he found subchondral fractures at the C3 and C4 levels of the cervical spine upon review of the MRI film (see Spagnoli-Scheman v Bellew, 91 AD3d 414 [1st Dept 2012]; Torain v Bah, 78 AD3d 588, 588-589…
2Cases cited9 opinions
- Linton v. NawazNew York Court of Appeals · 2010
- Rubin v. SMS Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Thompson v. AbbasiAppellate Division of the Supreme Court of the State of New York · 2005
- Uddin v. CooperAppellate Division of the Supreme Court of the State of New York · 2006
- Winters v. CruzAppellate Division of the Supreme Court of the State of New York · 2011
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kone v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2013
- Johnson v. KS Transportation Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Johnson v. KS Transportation Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Kone v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2013
- Ricketts v. Cuffe Auto Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
5 more not listed; retrieve them via the Exa API.