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MERRICK v. LOPEZ-GARCIA

8490, 306985/09.

100 A.D.3d 456 (2012)

954 N.Y.S.2d 25

EUSTACE MERRICK et al., Appellants, v. JOSE LOPEZ-GARCIA et al., Respondents.

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

November 13, 2012.

Defendants made out a prima facie showing that plaintiff did not suffer serious injury of a permanent nature. In opposition, plaintiff raised an issue of fact as to significant limitations in his cervical, thoracic and lumbar spine by submitting MRI reports, an EMG/NCV report, and Dr. Barry Sloan's affirmed report of recent findings of limitations (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350 [2002]). However, he failed to...

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