QURASHI v. HITTIN


51 A.D.3d 652 (2008)

858 N.Y.S.2d 675

AYAZUL QURASHI, Respondent, v. SAMUEL HITTIN, Appellant.

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

Decided May 6, 2008.


Ordered that the order is affirmed, with costs.

The defendant met his prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]; Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]; see also Meyers v Bobower Yeshiva Bnei Zion, 20 A.D.3d 456 [2005]). In opposition, however, the plaintiff raised triable issues of fact regarding whether his range of motion limitations, as quantified and compared to normal by his chiropractor (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345 [2002]), his bulging discs at C3-4, C4-5, C6-7, L1-2, L2-3, and L3-4, and his herniated discs at C5-6 and L4-5, were causally related to or exacerbated by the subject accident (cf. McKenzie v Redl, 47 A.D.3d 775, 776 [2008]).

The defendant's remaining contention is without merit.


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