Kosto v. Bonelli

Goldstein, J.,

dissents and votes to reverse the order appealed from and to deny the motions for summary judgment, with the following memorandum: On August 25, 1994, the *559plaintiff, then 19 years old, was a front-seat passenger in an automobile involved in an automobile accident. X-rays were taken of her back on August 30, 1994, and magnetic resonance imaging (hereinafter MRI) was performed on September 6, 1994.

The defendants, as movants for summary judgment, bore the initial burden of establishing their entitlement to judgment as a matter of law on the ground that the plaintiff had not…