ROSADO v. HAIDARA

Index No. 32753/19, Appeal No. 1731, Case No. 2023-02972.

2024 NY Slip Op 00939

NICHOLAS V. ROSADO, Plaintiff-Appellant, v. MAMADI HAIDARA, ET AL., Defendants-Respondents.

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

Decided February 22, 2024.


Attorney(s) appearing for the Case

Michael H. Zhu, P.C., New York ( Michael H. Zhu , of counsel), for appellant.

Marjorie E. Bornes , Brooklyn, for respondents.

Before: Oing, J.P., Kapnick, Kennedy, Mendez, Higgitt, JJ.


Order, Supreme Court, Bronx County (Veronica G. Hummel, J.), entered March 28, 2023, which granted defendants' motion for summary judgment dismissing the complaint based on plaintiff's inability to meet the serious injury threshold of Insurance Law § 5102(d), unanimously affirmed, without costs.

Defendants established their prima facie burden of showing that plaintiff did not sustain a serious injury to his cervical or lumbar spine by relying on the report of...

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