MILAZZO v. CHARLES GESNER


33 A.D.3d 317 (2006)

822 N.Y.S.2d 49

ANTHONY MILAZZO et al., Appellants, v. JEAN CHARLES GESNER et al., Respondents.

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

Decided October 3, 2006.


Plaintiffs failed to set forth sufficient evidence to demonstrate a question of fact that they had sustained serious injuries as defined in Insurance Law § 5102 (d). Their medical submissions did not specify who had performed the range-of-motion tests on each plaintiff's cervical and lumbar spine, when they were performed, the objective nature of the tests, what the normal range of motion should be and whether plaintiffs' limitations were significant (see Vasquez...

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