BAILEY v. ISLAM

8389, 306043/10.

99 A.D.3d 633 (2012)

953 N.Y.S.2d 39

2012 NY Slip Op 7207

BASIL BAILEY et al., Appellants, v. SHARIFUL M.D. ISLAM et al., Respondents.

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

October 25, 2012.


The conflicting expert opinions as to the existence of a fracture in the injured plaintiff's cervical spine precludes summary dismissal. While defendants established absence of a fracture by submitting the affirmed report of their radiologist, who found no evidence of post-traumatic changes, plaintiff raised a triable issue of fact by submitting the affirmation of his radiologist averring that he found subchondral fractures at the C3 and C4 levels of the cervical spine upon...

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