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WEINBERG v. OKAPI TAXI, INC.

2712, 100880/06

73 A.D.3d 439 (2010)

899 N.Y.S.2d 597

JOSHUA WEINBERG, Appellant, v. OKAPI TAXI, INC., et al., Respondents.

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

Decided May 4, 2010.

Plaintiff failed to rebut defendants' prima facie showing that there was no "permanent consequential limitation" or "significant limitation" of use of his ankle (Insurance Law § 5102[d]). Plaintiff's orthopedist consistently reported a full range of motion of the ankle. Plaintiff claims limitations as to prolonged standing, walking, kneeling, or sitting, but he sets forth no objective basis for comparing these limitations ...

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