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McNAIR v. LEE

24 A.D.3d 159 (2005)

805 N.Y.S.2d 67

LINDA D. McNAIR, Respondent, v. ELVIS LEE et al., Appellants.

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

December 6, 2005.

Defendants failed to satisfy their initial burden of making a prima facie showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Pommells v. Perez, 4 N.Y.3d 566, 574 [2005]). While defendants' physician diagnosed cervical and lumbosacral strain causally related to the accident, he did not indicate whether these conditions had resolved...

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