COLLINS v. JOST


281 A.D.2d 175 (2001)

721 N.Y.S.2d 524

ALICEA COLLINS, an Infant, by Her Parent and Natural Guardian, MERLENE MARTIN, et al., Appellants, v. ALFRED R. JOST, Respondent.

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

Decided March 6, 2001.


The findings of limitations in cervical movement were insufficient to establish that plaintiffs sustained either a permanent consequential limitation of use of a body organ or member or a significant limitation of use of a body function or system within the meaning of the statute. The restriction in cervical flexion purportedly diagnosed for Martin, the most extensive limitation claimed to have been sustained by any of the plaintiffs, did not raise a triable issue of fact...

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