LAVY v. ZAMAN

Nos. 7621, 305093/09.

95 A.D.3d 585 (2012)

944 N.Y.S.2d 94

2012 NY Slip Op 3744

KAREN LAVY, Respondent, v. MOHAMMADULLA ZAMAN, Appellant, et al., Defendants.

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

Decided May 10, 2012.


Plaintiff allegedly sustained a nasal fracture when a cab in which she was a passenger rear-ended another vehicle, causing her face to hit the partition between the front and rear seats of the cab.

Defendant failed to meet his prima facie burden of establishing that plaintiff did not sustain a nasal fracture as a result of the accident. In any event defendant's expert acknowledged that his review of the emergency room records shows that the hospital had clinically...

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