VAUGHAN v. BAEZ


305 A.D.2d 101 (2003)

758 N.Y.S.2d 648

WILLIE VAUGHAN et al., Appellants, v. HENRY BAEZ et al., Respondents.

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

Decided May 1, 2003.


Defendants have met their burden of establishing that plaintiffs have not sustained "serious" injuries within the meaning of Insurance Law § 5102 (d) through the medical reports of neurologist Dr. Block and orthopedist Dr. Keats, who both affirmed that they had determined, after conducting specific objective tests that were probative of plaintiffs' complaints, that the alleged injuries of each plaintiff were nonpermanent, largely asymptomatic and subjectively based....

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