JACOBS v. ROLON

3241, 7500/07, 86236/07

76 A.D.3d 905 (2010)

908 N.Y.S.2d 31

ESTHER JACOBS, Appellant, v. HECTOR D. ROLON, Respondent. (And a Third-Party Action.)

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

Decided September 23, 2010.


Defendant met his initial burden of proof on the motion. He established that plaintiff's injuries were not, as a matter of law, serious (Insurance Law § 5102 [d]) through the report of an orthopedic surgeon, who determined that, 2½ years after the subject motor vehicle accident, plaintiff demonstrated only an insignificant reduction in range of motion in her lumbar spine and exhibited full range of motion in all other areas. Defendant also demonstrated that plaintiff...

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