NEWCOMB v. LESLIE


300 A.D.2d 92 (2002)

751 N.Y.S.2d 462

MARK NEWCOMB et al., Respondents, v. MARYLIN LESLIE et al., Appellants.

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

Decided December 12, 2002.


Although defendants established a prima facie case that plaintiff Mark Newcomb did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) by their submission of the affirmed reports of an examining orthopedic surgeon and neurologist, plaintiffs raised an issue of fact by their submission of an MRI report indicating a herniated disc and the report of plaintiff's treating physician providing objective test results

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