BLACK v. GORDON

9387, 151238/16.

172 A.D.3d 580 (2019)

101 N.Y.S.3d 310

2019 NY Slip Op 04032

Joanne R. Black, Appellant, v. Ronald F. Gordon et al., Respondents.

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

Decided May 23, 2019.


Contrary to plaintiff's contention, defendants demonstrated prima facie that she did not sustain a serious injury involving hearing loss and tinnitus as a result of the motor vehicle accident. Their expert otorhinolaryngologist found mild hearing impairment of less than one percent, and subjective complaints of tinnitus, which could not be causally related to the accident. Such minor limitations and subjective complaints do not constitute a significant or serious injury within...

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