CURTIS v. BRENT


51 A.D.3d 464 (2008)

859 N.Y.S.2d 116

MARC CURTIS, Appellant, v. EDMOND BRENT, Respondent.

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

Decided May 6, 2008.


Plaintiff's verified bill of particulars, medical records, and deposition testimony and defendant's expert's affirmed report established prima facie that plaintiff did not sustain a serious injury, but rather cervical, lumbar and left shoulder strains, which had resolved as of 16 months after the accident, and that he was not prevented, for 90 of the 180 days following the accident, from performing his usual and customary activities (see Lopez v Simpson,

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