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AHUMADA v. DROGAN

4454, 302342/07.

152 A.D.3d 439 (2017)

2017 NY Slip Op 05682

55 N.Y.S.3d 655

ARNULFO AHUMADA, Appellant, v. ARTHUR DROGAN, as Temporary Administrator of the Estate of ELAINE DROGAN, Deceased, Respondent.

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

Decided July 13, 2017.

Supreme Court properly directed a verdict in plaintiff's favor that he had suffered a fractured fibula, constituting a serious injury (see Insurance Law § 5102 [d]). Defendant offered no evidence to dispute plaintiff's medical expert that plaintiff sustained such an injury, as shown on imaging tests, which defendant's expert testified he could not dispute. Also, Supreme Court did not err in allowing plaintiff's radiologist...

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