M.P. v. NEW YORK TR. AUTH.

5964 350073/11.

159 A.D.3d 492 (2018)

71 N.Y.S.3d 501

2018 NY Slip Op 01575

M.P., an Infant, by Her Mother and Natural Guardian, ELIZABETH C., et al., Appellants, v. NEW YORK TRANSIT AUTHORITY et al., Respondents, et al., Defendants.

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

Decided March 13, 2018.


Defendants established entitlement to judgment as a matter of law by submitting evidence showing that infant plaintiff did not sustain a serious injury to her lumbar spine. Defendants offered the affirmations of an orthopedic surgeon and neurologists, who found normal ranges of motion and normal test results. Furthermore, their radiologist found that a CT scan showed only bulges of no significance and degenerative in nature.

In opposition, infant plaintiff offered...

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