MITCHELL v. KOWALSKI


272 A.D.2d 530 (2000)

708 N.Y.S.2d 437

DAWNETT MITCHELL et al., Appellants, v. ANGELA KOWALSKI, Respondent.

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

Decided May 22, 2000.


Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly concluded that the plaintiffs failed to establish prima facie that the plaintiff Dawnett Mitchell sustained a "serious injury" as defined by Insurance Law § 5102 (d). The only medical testimony offered at trial was that of a chiropractor. Although the chiropractor testified to the degree of limitation in range of motion of the plaintiff's neck, he did not testify to the objective tests...

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