ROSE v. CITYWIDE AUTO LEASING, INC.


60 A.D.3d 520 (2009)

875 N.Y.S.2d 471

LISA ROSE, Respondent, v. CITYWIDE AUTO LEASING, INC., Defendant, and IBRAHIMA Sow et al., Appellants.

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

Decided March 19, 2009.


Defendants satisfied their prima facie burden of showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Based on their physical examinations of plaintiff and review of her MRI reports, as well as plaintiff's own statements, defendants' experts concluded that any limitations were either degenerative in nature or attributable to a workplace accident subsequent to the instant occurrence (see Valentin v Pomilla,

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