PRESCOD v. O'BRIEN

8698, 16327/05.

101 A.D.3d 421 (2012)

955 N.Y.S.2d 31

2012 NY Slip Op 8258

HENDERSON J. PRESCOD, Respondent, v. BETTY LEGGIERO O'BRIEN, Appellant.

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

December 4, 2012.


Defendant met her prima facie burden as to plaintiff's alleged serious injuries. With regard to the alleged cervical spine injury, defendant submitted the affirmed report of a radiologist opining that the MRI revealed no disc bulges, herniations, or changes causally related to the accident, and the affirmation of an orthopedist stating that plaintiff could not have sustained the alleged injuries as a result of the accident because if he had, he would have suffered from immediate...

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