BARNER v. SHAHID

2824, 20143/03

73 A.D.3d 593 (2010)

903 N.Y.S.2d 6

JEROME BARNER, Appellant, v. HUMAIRA SHAHID, Respondent.

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

Decided May 20, 2010.


Defendant established prima facie, through the submission of affirmations of medical experts who examined plaintiff and who reviewed plaintiff's MRI films, that the injury to plaintiff's left knee was not the result of the motor vehicle accident on January 29, 2003 and that, in any event, it was not "serious" within the meaning of Insurance Law § 5102 (d). In opposition, plaintiff failed to submit objective medical evidence in admissible form sufficient to raise a triable...

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