WADFORD v. GRUZ


35 A.D.3d 258 (2006)

826 N.Y.S.2d 57

DIANE WADFORD, Appellant, v. GERMOS GRUZ et al., Respondents.

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

Decided December 14, 2006.


On a motion for summary judgment, where the issue is whether the plaintiff has sustained a serious injury under the No-Fault Law, the defendant bears the initial burden of presenting competent evidence that there is no cause of action. The affirmation of defendants' examining physician, Dr. Hughes, failed to meet that burden. Although he reportedly found no evidence of any neck or back injury, Dr. Hughes failed to address plaintiff's objective tests that were indicative of...

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