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THOMAS v. VAIS

301 A.D.2d 443 (2003)

752 N.Y.S.2d 886

LILIETTE THOMAS et al., Respondents, v. NIKOLAOS VAIS et al., Appellants.

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

Decided January 21, 2003.

An issue of fact as to whether plaintiff sustained a serious injury as a result of the accident is raised by the affirmation of her treating physician quantifying limitations of motion revealed upon examination, correlating plaintiff's complaints of pain to disc herniations and spasm revealed in X-ray and MRI studies, and opining that such injuries were caused by the accident and are progressive and permanent (Toure v Avis Rent A Car Sys., 98 N.Y.2d...

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