BENSON v. LIGHTING GLASS CO.


305 A.D.2d 234 (2003)

758 N.Y.S.2d 496

BARBARA A. BENSON et al., Respondents, v. LIGHTING GLASS CO. et al., Appellants.

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

Decided May 15, 2003.


The evidence submitted in opposition to defendants' summary judgment motion by plaintiff Barbara Benson, including a report from an examining physician concluding, based on specific loss of range of motion findings respecting Ms. Benson's cervical and thoracolumbar spine, that Ms. Benson sustained permanent injuries to the neck and back by reason of the automobile accident allegedly caused by defendants' negligence, was sufficient to raise a triable issue as to whether Ms...

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