STADIER v. FINDLEY


148 A.D.2d 600 (1989)

Claire D. Stadier, Respondent, v. Scott T. Findley et al., Appellants

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

March 20, 1989


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Contrary to the plaintiff's contentions, her deposition testimony to the effect that she suffers intermittent pain in the shoulder and neck as a result of the accident, in conjunction with a previous medical diagnosis of "cervical radiculitis", is insufficient to establish a prima facie case of serious injury which requires a showing that she suffered...

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