HERNANDEZ v. RODRIGUEZ


63 A.D.3d 520 (2009)

881 N.Y.S.2d 411

NATASHA HERNANDEZ, Respondent, v. MARILUZ RODRIGUEZ, Appellant, et al., Defendants. (And Other Actions.)

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

Decided June 16, 2009.


Appellant made a prima facie showing of entitlement to summary judgment by submitting, inter alia, the affirmed reports of a neurologist and an orthopedist, who both examined plaintiff and determined, based upon the objective tests conducted, that she had not sustained a serious injury.

In opposition, plaintiff raised a triable issue of fact as to whether she suffered a permanent consequential limitation or a significant...

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