MELENDEZ v. FEINBERG


306 A.D.2d 98 (2003)

759 N.Y.S.2d 869

MARILYN MELENDEZ, Respondent, v. NORMAN S. FEINBERG, Appellant.

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

Decided June 12, 2003.


The affirmations of defendant's medical experts, which opined that the subject motor vehicle accident, which occurred in December 1995, had not caused plaintiff any permanent neurological, orthopedic, or psychiatric condition or disability, made a prima facie showing that plaintiff had not sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). Although the affirmation of plaintiff's medical expert reached a contrary conclusion based on an examination...

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