Travis v Batchi, 2010 NY Slip Op 05862 (1st Dept. 2010) “The examination records of plaintiff’s own treating physician/expert show that she had full strength and
Urban Radiology, P.C. v Tri-State Consumer Ins. Co., 2010 NY Slip Op 50987(U)(App. Term 2d Dept. 2010) This case really should be in the misc.3d reporter
In support of the plaintiff’s [respondent’s] cross motion, she relied upon, inter alia, Dr. Westreich’s affirmation, which was sufficient to meet her prima facie burden of
It is rare to see a 5102(d) case, which has broad implications in various areas of law, find a probable trip to the Court of Appeals.
McDuffie v Rodriguez, 2010 NY Slip Op 03366 (1st Dept. 2010) “Defendants met their prima facie burden of establishing that plaintiff did not sustain a serious
Linton v Nawaz, 2010 NY Slip Op 02835 (2010) “[t]he evidence plaintiff proffered relating to injuries to his right shoulder and lumbosacral spine raised a triable
The buzz on the street over the last few years is that “surgery” is necessary to breach the serious injury threshold. On the no-fault side, this
Kim v Orourke, 2010 NY Slip Op 01613 (2d Dept. 2010) “The defendant’s own examining neurologist reported findings of limitations in the ranges of motion in
Gilmonio v Toussaint, 2010 NY Slip Op 50258(U)(App. Term 1st Dept. 2010). An appellate court found that the a knee surgery was insufficient to defeat a
Yes, you read that title correctly. Three bizarre decisions as of late, one which deals tangentially with no fault (Garcia v Leon, 2010 NY Slip Op
Hartman-jweid v Overbaugh, 2010 NY Slip Op 01197 (4th Dept. 2010) 1. Lack of Causation: “Defendant’s expert concluded, based on his examination of plaintiff and his
Here is a case which is the epitome of a plaintiff in a serious injury threshold action who just could not get it right. It is
