DE LA ROSA v. OKWAN

2840, 311384/11.

146 A.D.3d 644 (2017)

2017 NY Slip Op 00435

45 N.Y.S.3d 443

ZAIDA DE LA ROSA, Appellant, v. RICHARD OKWAN et al., Respondents.

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

Decided January 24, 2017.


Defendants established prima facie that plaintiff did not sustain a serious injury involving a "permanent consequential" or "significant" limitation of use of her cervical or lumbar spine or right shoulder (see Insurance Law § 5102 [d]). Their orthopedist concluded, based on physical examination and review of plaintiff's medical records, that plaintiff sustained no injuries as a result of the low-speed accident (see generally Toure v Avis Rent A Car Sys.,<...

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