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AGUILAR v. N.Y.C. WATER WORKS, INC.

298 A.D.2d 245 (2002)

748 N.Y.S.2d 155

LILLIAN AGUILAR, Respondent, v. N.Y.C. WATER WORKS, INC., et al., Appellants.

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

Decided October 17, 2002.

Defendants' cross motion for summary judgment, seeking dismissal of the complaint upon the ground that plaintiff had not sustained "serious injury" within the meaning of Insurance Law § 5102 (d), was properly denied. The affirmation of plaintiff's physician, based on his own examination of plaintiff, the straight leg raising test, the EMG/NCV test performed by him, as well as other reports, including MRIs and a CT scan, upon which he relied, concluded that plaintiff...

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