CASSANDRA MONTGOMERY v. MIGUEL PENA ET AL.


19 A.D.3d 288 (2005)

798 N.Y.S.2d 17

CASSANDRA MONTGOMERY, Respondent, v. MIGUEL PENA et al., Appellants.

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

June 23, 2005.


In this personal injury action, plaintiff alleges that, in a motor vehicle accident on October 12, 2000, she suffered "serious injury," within the meaning of Insurance Law § 5102 (d), to her right shoulder, right knee, and back. In moving for summary judgment, however, defendants established a prima facie case that the subject accident did not cause plaintiff any serious injury. Among other things, defendants offered the affirmed reports of an orthopedist and a neurologist...

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