LOPEZ v. CARPIO-CEBALLO


20 A.D.3d 336 (2005)

799 N.Y.S.2d 191

YOLANDA LOPEZ et al., Appellants, v. LEON CARPIO-CEBALLO et al., Respondents.

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

July 14, 2005.


Defendants met their burden of establishing prima facie that Lopez and Flores had not suffered serious injury within the meaning of Insurance Law § 5102 (d). They met this burden by submitting the affirmed medical reports of their orthopedist. Those reports detailed the results of physical examinations of Lopez and Flores, including objective tests indicating that Lopez had resolved sprains of the lumbar spine, left shoulder and left hand, and normal use of the left...

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