ATKINSON v. OLIVER, JR.


36 A.D.3d 552 (2007)

830 N.Y.S.2d 30

STEPHANIE ATKINSON, Respondent, v. EUGENE OLIVER, JR., Defendant, and OLDRI B. PINEDA-LUGO, Appellant.

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

Decided January 30, 2007.


Plaintiff's injury was sustained while she was a passenger in a taxi that rear-ended a vehicle driven by Pineda-Lugo. That driver satisfied his burden on summary judgment by presenting a prima facie case that plaintiff suffered no serious injury pursuant to Insurance Law § 5102 (d); his expert reviewed plaintiff's MRI reports and examined plaintiff a year after her injuries to assess quantitative range-of-motion limitations, finding none. On the other hand, plaintiff...

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