LOPEZ v. SIMPSON


39 A.D.3d 420 (2007)

835 N.Y.S.2d 98

WANDA LOPEZ, Respondent, v. ADLIN M. SIMPSON, Also Known as ADLIN M. HARRIS, Appellant, et al., Defendant.

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

Decided April 26, 2007.


Plaintiff fails to raise an issue of fact as to whether she sustained a serious injury in response to defendant's showing that, 19 months after the accident, cervical and lumbar strains had resolved with "above normal" and "excellent" range of motion. While plaintiff submitted evidence of pain and herniated and bulging discs, she failed to submit the requisite contemporaneous quantitative assessment of range-of-motion limitations...

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