JNO-BAPTISTE v. BUCKLEY

4570, 303773/07.

82 A.D.3d 578 (2011)

919 N.Y.S.2d 22

DECIMA JNO-BAPTISTE, Respondent, v. PAUL J. BUCKLEY, Appellant.

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

Decided March 22, 2011.


Defendant's submissions, including the affirmed report of an orthopedist and the transcript of plaintiff's deposition, met his prima facie burden of showing that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d). In opposition, plaintiff failed to raise a triable issue with respect to whether she suffered a permanent consequential or significant limitation. The MRI report merely shows findings "suggestive of transient patellar...

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