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ZINNAH v. ISABELLA CITY CARTING CORP.

Nos. 7381, 304689/09.

94 A.D.3d 561 (2012)

941 N.Y.S.2d 627

2012 NY Slip Op 2794

MOHAMMAD ZINNAH, Respondent, v. ISABELLA CITY CARTING CORP. et al., Appellants.

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

Decided April 17, 2012.

Assuming that defendants met their burden, the record presents triable issues of fact as to whether the injuries plaintiff sustained to his lumbar spine and to his cervical spine were serious within the meaning of Insurance Law § 5102 (d). Plaintiff submitted the affirmed MRI reports revealing multiple herniations, as well as the affirmation of a neurologist who found diminished range of motion in multiple planes, and attributed...

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