DIAZ v. ANASCO


38 A.D.3d 295 (2007)

831 N.Y.S.2d 398

CARMEN DIAZ, Appellant, v. MIGUEL A. ANASCO et al., Respondents.

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

Decided March 13, 2007.


To recover damages for noneconomic loss related to personal injury allegedly sustained in a motor vehicle accident, the plaintiff is required to present nonconclusory expert evidence sufficient to support a finding not only that the alleged injury is "serious" within the meaning of Insurance Law § 5102 (d), but also that the injury was causally related to the accident (see Franchini v Palmieri, 1 N.Y...

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