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MERCADO-ARIF v. GARCIA

1793, 16475/06.

74 A.D.3d 446 (2010)

902 N.Y.S.2d 72

JANET MERCADO-ARIF, Respondent, v. JOSE DANIEL GARCIA et al., Appellants, et al., Defendant.

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

Decided June 3, 2010.

Defendants-appellants (hereinafter defendants) made a prima facie showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). While one of their experts, Dr. Schwartz, found limitations in plaintiff's ranges of motion, he did not causally relate these limitations to the accident (cf. Glynn v Hopkins, 55 A.D.3d 498 [2008]); on the contrary, he found that plaintiff was deliberately...

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