GORDON v. HERNANDEZ

23110/17-568.

181 A.D.3d 424 (2020)

121 N.Y.S.3d 233

2020 NY Slip Op 01462

Curtis Gordon, Appellant, v. Rafael Reyes Hernandez et al., Respondents.

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

Decided March 3, 2020.


Defendants satisfied their prima facie burden to show that plaintiff did not sustain a serious injury to any of the claimed body parts as a result of the accident by submitting the reports of an emergency medicine physician and an orthopaedic surgeon, who opined that plaintiff's emergency room hospital records were inconsistent with his claimed injuries, and their radiologist, who reviewed MRI films of the spine and left shoulder and found they showed pre-existing degenerative...

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