AMARO v. AMERICAN MED. RESPONSE OF N.Y., INC.

8306, 24978/05, 85371/06.

99 A.D.3d 563 (2012)

952 N.Y.S.2d 184

2012 NY Slip Op 6887

ERNESTO AMARO, Respondent, et al., Plaintiff, v. AMERICAN MEDICAL RESPONSE OF NEW YORK, INC., et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

October 16, 2012.


Defendants made a prima facie showing of entitlement to summary judgment as to plaintiff's claims of "significant limitation of use" and/or "permanent consequential limitation of use" of her cervical and lumbar spine injuries (see Insurance Law § 5102 [d]). They submitted expert medical reports of a radiologist who opined that changes shown in MRIs of the lumbar spine of the then 26-year-old plaintiff were degenerative, and that the MRI of the cervical spine showed...

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