LOPEZ v. ABDUL-WAHAB

1548.

67 A.D.3d 598 (2009)

889 N.Y.S.2d 178

2009 NY Slip Op 08685

CAIN LOPEZ, Appellant, v. ABDUL ABDUL-WAHAB et al., Respondents.

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

Decided November 24, 2009.


Plaintiff was 28 years old at the time of the motor vehicle accident, in December 2004, in which he allegedly sustained injuries to his cervical and lumbar spine and left shoulder. Defendants established their prima facie entitlement to judgment that plaintiff had not sustained a "serious injury" within the meaning of Insurance Law § 5102 (d) by submitting medical affirmations stating that no evidence of recent trauma was found on plaintiff's diagnostic films, and reporting...

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