CATTOUSE v. SMITH

2526, 301102/13.

146 A.D.3d 670 (2017)

2017 NY Slip Op 00537

45 N.Y.S.3d 453

MARILYN CATTOUSE et al., Appellants, v. KEITH SMITH, Respondent.

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

Decided January 26, 2017.


Plaintiffs, Marilyn Cattouse and Michael Cattouse, and their daughter Laurie Cattouse, allege that they sustained serious injuries to their cervical and lumbar spines as the result of a motor vehicle accident. Defendant established, prima facie, that plaintiffs did not sustain serious injuries by submitting the affirmed report of an orthopedist, who found normal ranges of motion, negative test results, and resolved strains/sprains (see Frias v Son Tien Liu,

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