SMITH v. ROBERTS

15593, 305191/11

131 A.D.3d 423 (2015)

13 N.Y.S.3d 896

2015 NY Slip Op 06480

JOSEPH SMITH, Appellant, v. CRAIG ROBERTS et al., Respondents.

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

Decided August 11, 2015.


Defendants established their entitlement to judgment as a matter of law by submitting evidence showing that plaintiff did not sustain a serious injury to his spine and right knee (Insurance Law § 5102 [d]).

In opposition, plaintiff failed to offer evidence of permanent consequential limitations in his knee or spine.

Defendants met their burden on the 90/180-day category via plaintiff's testimony that he missed three days of work following the accident...

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