Defendants made a prima facie showing that plaintiff Natalie Davis did not suffer a "permanent consequential limitation of use" or "significant limitation of use" (Insurance Law § 5102 [d]) of her cervical and lumbar spines as a result of the accident. In opposition, Davis raised an issue of fact by submitting affirmed MRI reports showing disc herniation at L5-S1 and multiple cervical disc bulges, an affirmed EMG report revealing radiculopathy, and an affirmation by...
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