MAYO v. KIM

154064/12, 7, 6

135 A.D.3d 624 (2016)

24 N.Y.S.3d 58

2016 NY Slip Op 00458

LYNN MAYO, Appellant, v. JOSHUA KIM, Respondent.

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

Decided January 26, 2016.


Plaintiff alleges that she suffered serious injury to her cervical and lumbar spine as the result of a motor vehicle accident in October 2010. About a year before the accident, plaintiff was diagnosed with "severe arthritis" in the lumbar spine, and underwent a lumbar discectomy and fusion for which she was still being treated at the time of the accident.

Defendant made a prima facie showing that plaintiff did not suffer a serious injury to her lumbar spine as a result...

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