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NORONA v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

40 A.D.3d 480 (2007)

836 N.Y.S.2d 188

TAMARA NORONA, Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Respondents.

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

Decided May 24, 2007.

Defendants made a prima facie showing that plaintiff sustained no serious injuries with (1) the affirmation of a physician who examined plaintiff seven years after the accident and concluded, after fairly describing the various range-of-motion tests he performed and their qualitatively normal results, that there was no objective basis for plaintiff's complaints of pain (see Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]; Navedo...

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