Key Takeaway
Shah left causation unresolved when defense proof did not explain further ROM loss. The 2022 ruling also denied the plaintiff's bid for judgment.
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Shah v Nowakowski, 203 AD3d 1737 (2022) left causation for further litigation because the defendant’s own medical submissions raised factual questions. This was a motor-vehicle personal-injury action, not an action to collect assigned no-fault bills.
Legal Update (September 2026): Chapter 58 of 2026, Part EE §§ 1 and 4 removed the 90/180-day serious-injury category for actions and proceedings commenced on or after May 26, 2026; the historical decision discussed here predates that amendment.
Last reviewed: September 2026.
What the expert left unexplained
The Fourth Department identified evidence of no pain complaints before the accident and medical records showing a further 25% loss of range of motion afterward. The defense physician attributed the injuries to pre-existing or degenerative conditions without addressing that evidence. The court also found, alternatively, that the plaintiff’s expert raised an issue about aggravation of the right shoulder, neck and back conditions.
Free Consultation · No Fee Unless We Win
Does this apply to your situation?
Every case is different. Get a free, confidential case review from an experienced attorney who can tell you exactly where you stand.
The percentage was evidence in this record, not a statutory test for serious injury. Nor did the plaintiff win the case. The appellate court also reversed the plaintiff’s summary-judgment award: evidence of an abrupt stop left a negligence question, and the successful serious-injury theories below had not been pleaded in the bill of particulars. Both sides still had issues to prove.
Jason’s original 2022 commentary
Jason’s March 2022 reaction is preserved below as his assessment of this decision, not a guarantee that a given range-of-motion loss proves causation.
I feel like we almost have to look to the Fourth Department for common sense solutions to our auto negligence legal problems…
Connect to the Encyclopedia
Start with the pre-existing injuries and causation topic hub.
- Khanfour: reconcile earlier and later range-of-motion findings
- Malloy: medical reasons connecting a knee injury to the collision
- Jones: delayed complaints and unaddressed prior conditions
- Cariddi: the basis of an expert opinion and missing records
For review of a particular dispute, contact the firm.
Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
Keep Reading
More No-Fault Analysis
Car Accident Recorded Statement in New York: Should You Give One?
The at-fault driver's adjuster wants a recorded statement within days of a New York car accident — and that call is designed to weaken your case.
Apr 5, 2026
Who Pays Car Accident Medical Bills in New York? A Step-by-Step Guide
New York no-fault PIP, primary health insurance, Medicaid/Medicare, and litigation liens — the full payment ladder for car-accident medical bills.
Apr 5, 2026
Pa notice rule
Analysis of Pennsylvania notice-prejudice rule applied to NY no-fault cases, examining choice of law issues when out-of-state insurers provide coverage under New York's deemer...
Feb 18, 2022
A true test of what kind of employer you are
Personal reflections from a New York no-fault insurance attorney on treating employees with decency during crisis, prioritizing health over legal work.
Mar 18, 2020
Another Golia on the bench
Attorney Jason Tenenbaum reflects on Hon. Donna Marie Golia joining the bench, following in her father Justice Joseph Golia's distinguished judicial footsteps.
Jul 7, 2014
MRI Quality Issues in Personal Injury Claims | Long Island Lawyer | Jason Tenenbaum
Learn how MRI quality issues can impact Long Island personal injury claims and no-fault insurance coverage.
Mar 6, 2009Was this article helpful?
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a no-fault matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
