ROSA v. MEJIA

Nos. 6341, 308659/08.

95 A.D.3d 402 (2012)

943 N.Y.S.2d 470

2012 NY Slip Op 3365

Luz ROSA, Appellant, v. FREDDY A. MEJIA, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 1, 2012.


Defendant made a prima facie showing that plaintiff did not sustain a "significant limitation of use" or "permanent consequential limitation of use" of her cervical and lumbar spines as a result of the subject accident (Insurance Law § 5102 [d]). Defendant submitted, among other things, the affirmed report of his orthopedist, who found normal ranges of motion in plaintiff's cervical spine, and the affirmed report of his radiologist, who indicated that plaintiff's lumbar...

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