Legal Opinion

Fernandez v. Mercedes

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 2007Published

1Opinion of the Court

*386Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 30, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to show that he suffered a. “serious injury” within the meaning of Insurance Law § 5102 (d) (see Licari v Elliott, 57 NY2d 230 [1982]). Plaintiff alleges soft tissue injuries, but his doctor failed to identify any objective basis for the percentages attributed to the restricted ranges of motion (see Parreno v Jumbo Trucking, Inc., 40 AD3d 520 [2007]), and did not objectively…

2Cases cited5 opinions

  1. Licari v. ElliottNew York Court of Appeals · 1982
  2. Hewan v. CallozzoAppellate Division of the Supreme Court of the State of New York · 1996
  3. Gjelaj v. LuddeAppellate Division of the Supreme Court of the State of New York · 2001
  4. Munoz v. HollingsworthAppellate Division of the Supreme Court of the State of New York · 2005
  5. Parreno v. Jumbo Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

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