[DOWNLOAD] "Mathurin v. Montanino" by Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts # eBook PDF Kindle ePub Free
eBook details
- Title: Mathurin v. Montanino
- Author : Supreme Court of the State of New York Appellate Term: 9Th And 10Th Judicial Districts
- Release Date : January 27, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendants Randee J. Stern and Lindsey D. Stern moved for summary judgment on the ground that plaintiff failed to satisfy the threshold requirement of suffering a serious injury under Insurance Law § 5102 (d). Said defendants submitted affirmations from two doctors who examined the plaintiff on their behalf approximately two years after the accident and found that there was full range of motion in plaintiffs lumbar and cervical spine. The physicians stated that plaintiffs injuries were resolved. This shifted the burden to plaintiff to raise a triable issue of fact (see Gaddy v Eyler, 79 NY2d 955 [1992]).
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