FELIZ v. FRAGOSA

5237, 302898/08, 5237A.

85 A.D.3d 417 (2011)

924 N.Y.S.2d 82

2011 NY Slip Op 4600

ANA C. FELIZ, Appellant, v. JOSEPH M. FRAGOSA et al., Respondents.

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

Decided June 2, 2011.


Defendants established prima facie that plaintiff did not sustain a "permanent loss of use" or a "permanent consequential limitation of use" of the cervical and lumbar spines within the meaning of Insurance Law § 5102 (d). The affirmed reports of defendants' orthopedic experts stated that plaintiff had full range of motion of her cervical and lumbar spines both shortly after and two years after the accident (see Franchini...

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