CASTRO v. DADS NATIONAL ENTERPRISES, INC.

7481. 350020/11.

165 A.D.3d 601 (2018)

87 N.Y.S.3d 18

2018 NY Slip Op 07262

Brinia Castro et al., Plaintiffs, and Solangie Rojas, Appellant, v. DADS National Enterprises, Inc., et al., Respondents.

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

Decided October 30, 2018.


Defendants established entitlement to judgment as a matter of law by submitting evidence showing that plaintiff's claimed injuries were not serious within the meaning of Insurance Law § 5102 (d). Defendants submitted the affirmed reports of their respective expert physicians, each of whom documented normal range of motion, diagnosed plaintiff with resolved strains/sprains of the spine, and opined that there was no objective evidence of serious injury (see e.g. Cattouse...

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