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ROSSI v. ALHASSAN

48 A.D.3d 270 (2008)

851 N.Y.S.2d 193

ROSEMARY ROSSI et al., Plaintiffs, v. MALLAM ALHASSAN et al., Defendants. MALLAM ALHASSAN, Respondent, v. MAHAMAD NIZAM et al., Appellants, et al., Defendant.

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

Decided February 14, 2008.

The affirmed medical reports of defendants' orthopedist and neurologist, detailing the objective tests they performed on examination, finding that plaintiff had full range of motion in his cervical and lumbar spine, and concluding that plaintiff had no ongoing impairment resulting from the accident, satisfied defendants' burden of establishing prima facie that plaintiff did not suffer a serious injury pursuant to Insurance Law § 5102 (d) (see Nagbe v Minigreen Hacking...

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