ETENG v. DAJOS TRANSPORATION

5985, 304049/08

89 A.D.3d 506 (2011)

932 N.Y.S.2d 58

2011 NY Slip Op 7932

SERENA ETENG et al., Appellants, v. DAJOS TRANSPORTTION et al., Respondents.

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

Decided November 10, 2011.


Defendants made a prima facie showing of entitlement to summary judgment as to plaintiff Eteng's claims of "significant limitation of use" of her cervical and lumbar spine, right shoulder and right knee (Insurance Law § 5102 [d]). They submitted expert medical reports finding normal ranges of motion, as well as the report of a radiologist who opined that changes shown in an MRI of the then 25-year-old plaintiff's cervical spine were degenerative. In opposition, plaintiff...

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