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DANVERS v. NEW YORK CITY TRANSIT AUTHORITY

57 A.D.3d 252 (2008)

869 N.Y.S.2d 41

ISABEL DANVERS, Respondent-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants-Respondents.

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

December 9, 2008.

Plaintiff failed to make out a prima facie case of serious injury under either a quantitative or qualitative analysis (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350-351 [2002]). Concerning her lumbar spine, while plaintiff submitted evidence of herniated and bulging discs and a history of pain, an objective assessment of her range-of-motion limitations was not made until more than five years after the accident, too remote...

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