TAYLOR v. GIN CABEL TRUCKING, INC.


7 A.D.3d 272 (2004)

776 N.Y.S.2d 249

CHERELL TAYLOR, Appellant, v. GIN CABEL TRUCKING, INC., ET AL., Respondents.

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

May 6, 2004.


Defendants in this personal injury action met their burden of establishing, through the submitted reports of medical experts, that plaintiff had not sustained a serious injury as defined in Insurance Law § 5102 (d). Plaintiff failed to present sufficient objective evidence to overcome these submissions by demonstrating she had sustained such an injury that prevented resumption of her normal and customary activities, especially in light of the 15 1/2-month gap between...

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