SERBIA v. MUDGE

Nos. 7820, 305743/08.

95 A.D.3d 786 (2012)

945 N.Y.S.2d 296

2012 NY Slip Op 4228

CARMEN SERBIA, Appellant, v. ARTHUR MUDGE et al., Respondents.

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

Decided May 31, 2012.


Defendants made a prima facie showing of entitlement to summary judgment as to plaintiff's claims of "significant limitation of use" of her lumbar spine, by submitting expert medical reports finding normal ranges of motion, as well as the report of a radiologist who opined that the herniated disc shown in an MRI of the plaintiff was not acute or caused by the accident (Insurance Law § 5102 [d]).

The preclusion of plaintiff's expert neurologist's and radiologist...

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