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ORTEGA v. OMAR MALDONADO

38 A.D.3d 388 (2007)

832 N.Y.S.2d 193

FRANCIS ORTEGA, Appellant, v. MARIO OMAR MALDONADO et al., Respondents.

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

Decided March 22, 2007.

Defendants in this no-fault motor vehicle accident case met their burden of establishing, as a matter of law, that plaintiff had not sustained a "serious injury." Plaintiff then failed to meet his burden of demonstrating that he had sustained such an injury by submitting objective proof of its nature and degree (Gaddy v Eyler, 79 N.Y.2d 955 [1992]).

While plaintiff's expert, a nontreating physician who examined plaintiff...

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