PALMERI v. NEWSON


118 A.D.2d 633 (1986)

Daniel Palmeri, Appellant, v. Tony B. Newson, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 10, 1986


Order affirmed, with costs.

It is incumbent upon the court to decide in the first instance whether a plaintiff has established a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v Elliott, 57 N.Y.2d 230, 237). In the instant case, the medical report of the plaintiff's treating physician indicates a rapid return to full-time employment and no limitation of motion or...

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