SONE v. QAMAR

1826, 103992/06

68 A.D.3d 566 (2009)

2009 NY Slip Op 9383

889 N.Y.S.2d 845

MARLING SONE, Appellant, v. CHERYL QAMAR, Respondent.

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

Decided December 17, 2009.


Defendant satisfied her initial burden of demonstrating, prima facie, that plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d). Defendant submitted the affirmed report of a neurologist who found no neurological deficits and noted only a 20-degree limitation on flexion in plaintiff's lumbosacral spine.

Plaintiff failed to meet her consequent burden to provide evidence which raised a triable issue of fact concerning whether she sustained...

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