PINDO v. LENIS

8339, 109102/09.

99 A.D.3d 586 (2012)

952 N.Y.S.2d 544

2012 NY Slip Op 7043

LUIS PINDO, Respondent, v. ELICIAS LENIS, Appellant, et al., Defendants.

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

October 18, 2012.


In response to defendant's prima facie showing that plaintiff did not sustain a serious injury, plaintiff proffered sufficient evidence to raise an issue of fact as to whether the alleged injuries to his cervical and lumbar spines were "significant" within the meaning of Insurance Law § 5102 (d). Days after the accident, plaintiff's treating physician found that his cervical and lumbar spine suffered limitations in range of...

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