CORTEZ v. BRAY

Index No. 20908/14. Appeal No. 13303. Case No. 2020-01893.

192 A.D.3d 451 (2021)

139 N.Y.S.3d 828

2021 NY Slip Op 01352

Natalie Cortez, Appellant, v. Donald R. Bray, Respondent.

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

Decided March 9, 2021.


Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for appellant.

James G. Bilello & Associates, Hicksville ( Alina Vengerov of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Kapnick, Kennedy, Shulman, JJ.


Plaintiff alleges that she sustained serious injuries, including lumbar strain, as the result of a car accident that occurred in 2011. Defendant met his prima facie burden of showing that plaintiff did not sustain a serious injury, through the report of his medical expert who found that plaintiff had no limitations in range of motion or other positive findings upon examination, and noted that plaintiff's medical records included "unremarkable" reports of X-ray and MRI tests...

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