MORRIS v. ILYA CAB CORP.


61 A.D.3d 434 (2009)

876 N.Y.S.2d 61

GODDESS MORRIS, an Infant, by Her Father and Natural Guardian, KEITH MORRIS, et al., Respondents, v. ILYA CAB CORP. et al., Appellants.

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

Decided April 7, 2009.


Defendants established a prima facie case that plaintiffs did not suffer serious injuries within the meaning of Insurance Law § 5102 (d). However, plaintiffs raised issues of fact (except as to the 90/180 day category) by submitting (a) the reports of their treating physicians providing objective test results to substantiate their subjective complaints of pain and explaining why plaintiffs' injuries were permanent and (b) MRI reports indicating disc herniation (Keith...

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