Diaz v. Vivar-Martinez

1 Citing case

  1. Newby v. Morales

    220 A.D.3d 422 (N.Y. App. Div. 2023)   Cited 1 times

    Plaintiff met his prima facie burden of showing that he sustained a serious injury to his right wrist by submitting admissible medical evidence, including a radiologist's report and his doctor's findings that he sustained limitations in range of motion and that his injuries were causally related to the accident (seeDiaz v. Vivar–Martinez, 192 A.D.3d 578, 578, 146 N.Y.S.3d 52 [1st Dept. 2021] ; Coley v. DeLarosa, 105 A.D.3d 527, 527–528, 964 N.Y.S.2d 25 [1st Dept. 2013] ). Plaintiff's radiologist noted a tear with associated joint effusion in an MRI of plaintiff's right wrist and concluded that these findings were consistent with blunt trauma due to the motor vehicle accident (seeDiaz, 192 A.D.3d at 579, 146 N.Y.S.3d 52 ).