LATTAN v. GRETZ TRANSIT INC.


55 A.D.3d 449 (2008)

865 N.Y.S.2d 599

CHERYL LATTAN et al., Respondents, v. GRETZ TRANSIT INC., et al., Appellants.

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

October 28, 2008.


Defendants demonstrated prima facie that plaintiff did not sustain a serious injury to her cervical or lumbar spine or right knee, by submitting the affirmed reports of an orthopedic surgeon and a neurologist finding normal cervical and lumbosacral ranges of motion and no evidence of disability and a radiologist's affirmed report finding a preexisting degenerative condition of the cervical spine and no evidence of recent trauma to the right knee. Thus, the burden shifted...

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