RIVERA v. HONEY EXPRESS CAB CORP.


70 A.D.3d 578 (2010)

894 N.Y.S.2d 433

JOSE RIVERA, Appellant, v. HONEY EXPRESS CAB CORP. et al., Respondents.

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

Decided February 25, 2010.


Plaintiff failed to raise an issue of fact in opposition to defendants' prima facie showing that he did not suffer a serious injury of either a permanent or a nonpermanent nature. While his experts quantified his losses in range of motion in 2007 and 2008 and opined that he suffered permanent injuries that were caused by the subject car accident, none of the experts provided range of motion assessments contemporaneous with the 2003 accident (see Mullings v Huntwork,

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