LIRIANO v. OSTRICH CAB CORP.


61 A.D.3d 543 (2009)

876 N.Y.S.2d 645

JOSELYN LIRIANO et al., Respondents, v. OSTRICH CAB CORP., Appellant, et al, Defendant.

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

Decided April 21, 2009.


Triable issues were presented as to whether both plaintiffs sustained serious injuries under section 5102 (d) when the vehicle they were riding in was rear-ended by defendants' vehicle. Plaintiffs' medical experts and treating chiropractor raise issues of fact as to whether plaintiffs' cervical, thoracic and lumbar spinal injuries are permanent or significant, and not merely degenerative (see Morris v Cisse,

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