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SOOGRIM v. UPGRADE CONTRACTING CORP.

8 A.D.3d 57 (2004)

777 N.Y.S.2d 647

JAMES SOOGRIM et al., Respondents, v. UPGRADE CONTRACTING CORP., Appellant, et al., Defendant.

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

June 8, 2004.

The evaluation by the responding plaintiff's treating physician was based on such objective medical evidence as MRIs, x-rays and EMG results (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]), and offered the opinion that the injuries were both related to the accident and permanent. This raises issues of fact as to whether this plaintiff sustained a "serious injury" within the meaning of Insurance Law &...

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