AYALA v. DOUGLAS


57 A.D.3d 266 (2008)

869 N.Y.S.2d 47

VINCENT AYALA, an Infant, by His Mother and Natural Guardian, LAYDA ROSA, et al., Respondents, v. CAROL DOUGLAS, Appellant.

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

December 9, 2008.


Defendant established prima facie that the infant plaintiff did not sustain a serious injury (see e.g. Nagbe v Minigreen Hacking Group, 22 A.D.3d 326 [2005]). She submitted an orthopedic surgeon's findings on examination that plaintiff's sprains of the cervical, thoracic and lumbar spine and left knee had resolved and a radiologist's findings that MRIs of plaintiff's lumbar spine showed...

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