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WILLIAMS v. BALDOR SPECIALTY FOODS, INC.

70 A.D.3d 522 (2010)

895 N.Y.S.2d 394

ENEZ WILLIAMS, Individually and as Administratrix of the Estate of EPHRIAM WILLIAMS, Deceased, Plaintiff, v. BALDOR SPECIALTY FOODS, INC., et al., Defendants. [And Another Action.) HARVEY L. GREENBERG, Respondent, v. BALDOR SPECIALTY FOODS, INC., et al., Appellants. (And Another Action.) JENNIFER TURNER, Plaintiff, v. MILEA LEASING CORP. et al., Appellants, and EXECUTIVE MOTOR TOURS, INC., Respondent, et al., Defendant. (And Another Action.)

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

Decided February 18, 2010.

By submitting an affirmed report from their medical expert, appellants made a prima facie showing of entitlement to summary judgment with regard to whether Greenberg had suffered any serious physical injury, and Greenberg failed to submit any evidence to contradict the expert's findings (see generally Pommells v Perez, 4 N.Y.3d 566 [2005]).

Greenberg's 90/180-day claim should have been dismissed

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