PISANI v. FIRST CLASS CAR AND LIMOUSINE SERVICE CORP.

4609, 304819/08.

82 A.D.3d 596 (2011)

920 N.Y.S.2d 32

LORRAINE PISANI, Appellant, v. FIRST CLASS CAR AND LIMOUSINE SERVICE CORP., Defendants, and RUBEN BELLO, Respondent.

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

Decided March 24, 2011.


Defendant met his initial burden of proof of establishing that plaintiff's injuries were not, as a matter of law, serious within the meaning of Insurance Law § 5102 (d). Defendant submitted the report of an orthopedic surgeon who determined that plaintiff had a normal range of motion in the cervical and lumbar spine. Defendant also demonstrated that plaintiff's injuries were not causally related to the accident through the report of a radiologist, who opined that the...

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