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PORTER v. BAJANA

4476, 302815/07.

82 A.D.3d 488 (2011)

918 N.Y.S.2d 414

FRANCES PORTER, Respondent-Appellant, v. FRANKLIN BAJANA, Appellant-Respondent.

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

Decided March 8, 2011.

The reports of defendant's expert neurologist and radiologist established prima facie that plaintiff's injuries were not permanent or significant because the injuries had resolved and plaintiff had full range of motion in her cervical and lumbar spine (see Insurance Law § 5102 [d]; Thompson v Ramnarine, 40 A.D.3d 360 [2007]). Moreover, the radiologist affirmed that plaintiff suffered from a preexisting degenerative...

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