RUBIN v. SMS TAXI CORP.

1073, 1073A, 112489/05

71 A.D.3d 548 (2010)

898 N.Y.S.2d 110

JUDD RUBIN, Appellant, v. SMS TAXI CORP. et al., Respondents, et al., Defendants.

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

Decided March 23, 2010.


As the motion court found, defendants met their initial burden of producing evidentiary proof in admissible form sufficient to show that plaintiff's neck and back injuries did not meet any serious injury thresholds. Plaintiff's medical submissions were devoid of information to substantiate his 90/180-day claim. The plaintiff also failed to raise an issue of fact as to any other category from Insurance Law § 5102 because he did not show: (1) what medical tests were performed...

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