GARNER v. TONG


27 A.D.3d 401 (2006)

811 N.Y.S.2d 400

WILLIAM E. GARNER, Respondent, v. FRANCIS TONG, Appellant.

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

March 30, 2006.


Plaintiff's medical expert's affidavit, in this personal injury automobile accident case, sufficiently established a serious injury as defined in Insurance Law § 5102 (d), inasmuch as it was based on quantitative measurements such as the use of an inclinometer to measure range of motion and straight leg testing, and objective medical evidence such as a sworn MRI report (Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002];

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