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SEPULVEDA v. ENRIQUE REYES

19 A.D.3d 297 (2005)

797 N.Y.S.2d 487

GUILLERMO SEPULVEDA et al., Respondents, v. ENRIQUE REYES et al., Appellants.

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

June 23, 2005.

The evaluation by plaintiffs' treating physician, Dr. Etkind, was based on his own examination and objective medical evidence, including MRIs (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]), and concluded with the opinion that the injuries were both related to the accident and permanent. This raises issues of fact as to whether these plaintiffs sustained "serious injury" within the meaning of Insurance Law § 5102(d...

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