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GIBBS v. REID

Nos. 7468, 350121/09.

94 A.D.3d 636 (2012)

942 N.Y.S.2d 355

2012 NY Slip Op 3108

ALTHEA GIBBS et al., Respondents, v. ANDRE O. REID et al., Appellants.

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

Decided April 24, 2012.

Defendants established prima facie that the infant Monique Gibbs's alleged cervical spine injury and plaintiff Sabrina Stewart's alleged cervical and lumbar spine injuries did not constitute serious injuries within the meaning of Insurance Law § 5102 (d), by submitting affirmations by multiple experts reporting a full range of motion in all planes (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350, 353 [2002]). Any discrepancies...

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