The affirmed report of defendants' expert neurologist, wherein he concluded that his examination of plaintiff's lumbar spine revealed that she suffered from only a minor deficit in her range of motion, was sufficient to shift the burden of proof to plaintiff to demonstrate the existence of a triable issue of fact as to whether she had suffered a "serious" injury within the meaning of Insurance Law § 5102 (d) (see Rosa-Diaz v Maria Auto Corp.,
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IKEDA v. HUSSAIN
4261, 106470/08.
81 A.D.3d 496 (2011)
916 N.Y.S.2d 109
NAOMI IKEDA, Respondent, v. AZAD HUSSAIN et al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 15, 2011.
Decided February 15, 2011.
Appellate Division of the Supreme Court of New York, First Department.
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