LESSER v. SMART CAB CORP.


283 A.D.2d 273 (2001)

724 N.Y.S.2d 412

STUART LESSER et al., Appellants, v. SMART CAB CORP. et al., Respondents.

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

Decided May 17, 2001.


Plaintiff Stuart Lesser complained of neck, back and finger pain following his involvement in a two-car collision while he was a passenger in a taxicab. An MRI of the cervical spine revealed two protruding discs. Plaintiffs' physician, Dr. Berkowitz, advised that these herniated discs were a permanent injury, and that pain might be relieved by anti-inflammatory injections, risky surgery or, to a lesser extent, a regimen of physical therapy. An independent orthopedic surgeon...

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