TUICO v. MAHER


52 A.D.3d 201 (2008)

859 N.Y.S.2d 77

ARNOLD TUICO, Appellant, and EDWARD J. GAROFALO, Appellant-Respondent, v. EDWARD C. MAHER et al., Respondents.

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

Decided June 3, 2008.


Although defendants made a sufficient prima facie showing of entitlement to judgment on the question of "serious injury" (Insurance Law § 5102 [d]), the expert affirmations in response designated a numeric percentage for each plaintiff's loss of range of motion, and an objective basis for comparing those limitations "to the normal function, purpose and use of the affected body organ, member, function or system" (Toure v Avis Rent A Car Sys., 98...

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