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TORRES v. TRIBORO SERVICES, INC.

4871, 17157/07.

83 A.D.3d 563 (2011)

921 N.Y.S.2d 240

FABIO TORRES, Appellant, v. TRIBORO SERVICES, INC., Respondent.

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

Decided April 21, 2011.

Defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that plaintiff did not suffer a "permanent consequential limitation of use of a body organ or function" or a "significant limitation of use of a body function or system" (Insurance Law § 5102 [d]). Defendant submitted the affirmed reports of a radiologist, who reviewed the MRI films and found degenerative changes in the cervical...

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