DIAKITE v. SODERSTROM

6137, 309254/09.

89 A.D.3d 607 (2011)

933 N.Y.S.2d 34

2011 NY Slip Op 8487

MODY DIAKITE, Respondent, v. MARK A. SODERSTROM et al., Appellants.

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

Decided November 22, 2011.


Defendants established prima facie that plaintiff did not sustain a serious injury of a permanent nature by submitting plaintiff's medical records and the affirmed reports of medical experts who, upon examination, found that plaintiff had active mobility of his left shoulder and had recovered from the 2009 vehicular accident without any disability. In opposition, plaintiff failed to raise a triable issue of fact. The limitation in range of motion in his left shoulder found...

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