TOUSSAINT v. CLAUDIO


23 A.D.3d 268 (2005)

803 N.Y.S.2d 564

JACQUES M. TOUSSAINT, Appellant, v. JASON A. CLAUDIO, Respondent.

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

November 17, 2005.


The reports of the defense medical experts, based on examinations of plaintiff conducted six years after the subject automobile accident, addressed plaintiff's condition as of the time of the examination, not during the six months immediately after the accident, and were, accordingly, insufficient to sustain defendant summary judgment movant's burden of proof to establish prima facie that plaintiff had not sustained serious injury by reason of having been incapacitated from...

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