WENEGIEME v. HARRIOTT

5321, 303029/13.

157 A.D.3d 412 (2018)

68 N.Y.S.3d 432

2018 NY Slip Op 00009

CELESTE WENEGIEME, Appellant, v. DELROY HARRIOTT et al., Respondents.

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

Decided January 2, 2018.


Assuming defendants made a prima facie showing that plaintiff did not sustain a serious injury to her cervical spine or lumbar spine, plaintiff raised triable issues of fact as to those claims. In support of their motion, defendants submitted MRI reports showing multiple bulging discs and a herniated disc, as well as other medical records. Since the records were properly before the court and not disputed by defendants, plaintiff was entitled to rely upon them to show objective...

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