VILA v. FOXGLOVE TAXI CORP.

5884 159071/12.

159 A.D.3d 431 (2018)

71 N.Y.S.3d 69

2018 NY Slip Op 01415

VICTOR VILA, Appellant, v. FOXGLOVE TAXI CORP. et al., Respondents.

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

Decided March 1, 2018.


Plaintiff alleges that he sustained various injuries, including to his lumbar spine and shoulder, when he was struck by defendant's taxi while riding his bike. Defendant met its prima facie burden through expert medical affidavits finding full range of motion and normal test results, and a radiologist's opinion that plaintiff's MRIs were either normal or showed degenerative changes consistent with his age. Defendant also noted that plaintiff's claim of serious injury was...

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