DIAZ v. TURNER


306 A.D.2d 241 (2003)

761 N.Y.S.2d 93

JOSE DIAZ, Respondent, v. EVELYN T. TURNER, Appellant.

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

Decided June 2, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant's motion for summary judgment should have been granted. "Although a bulging or herniated disc may constitute a serious injury within the meaning of Insurance Law § 5102 (d), a plaintiff must provide objective evidence of the extent or degree of the alleged physical limitations resulting from the disc injury and its duration" (Monette...

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