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CHAN v. GARCIA

24 A.D.3d 197 (2005)

806 N.Y.S.2d 23

EMILIA CHAN et al., Appellants, v. RAMON L. GARCIA et al., Defendants, and JULIO ESPINOZA et al., Respondents. (And a Third-Party Action.)

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

December 8, 2005.

Although the report of plaintiffs' physician was adequate to show the existence of questions of fact concerning whether a serious injury had occurred, it failed to establish that there was a connection between the injured plaintiff's current medical condition and the accident. Plaintiffs did not submit as an exhibit the report of the MRI on which their physician's report was based, and the expert did not explain how he came to the...

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