GONZALEZ v. VASQUEZ


301 A.D.2d 438 (2003)

754 N.Y.S.2d 7

FERNANDO GONZALEZ, Respondent, v. NELSON VASQUEZ, Appellant.

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

Decided January 21, 2003.


In an action for personal injuries sustained when plaintiff's car was rear-ended by defendant's car, an issue of fact as to whether plaintiff suffered a serious injury is raised by his examining physician's affirmation. Such affirmation correlates plaintiff's neck and back pain two years after the accident to, inter alia, quantified range of motion limitations found on physical examination and bulging and herniated discs described in MRI reports, and opines that plaintiff...

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