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Eltayyab v. Rivera

Appellate Term of the Supreme Court of New York, First Department
Dec 7, 2005
2005 N.Y. Slip Op. 51981 (N.Y. App. Term 2005)

Opinion

570226/05.

Decided December 7, 2005.

Defendants appeal from an order of the Civil Court, Bronx County (Raul Cruz, J.), entered December 7, 2004, which denied their motion for summary judgment dismissing the complaint.

Order, (Raul Cruz, J.), entered December 7, 2004, reversed, with $10 costs, defendants' motion granted, and the complaint dismissed.

PRESENT: Suarez, P.J., Davis, Schoenfeld, JJ.


Defendants made a prima facie showing that the disability diagnosed by plaintiff's doctors — various strains, sprains, radiculitis and headache — were not "serious injuries" within the meaning of the statute (Insurance Law § 5102[d]). In his response, plaintiff's medical evidence failed to rebut defendants' doctor's findings on causation, which attributed plaintiff's bulging and herniated discs to a preexisting degenerative condition ( Shinn v. Catanzaro, 1 AD3d 195, 197).

This constitutes the decision and order of the Court.


Summaries of

Eltayyab v. Rivera

Appellate Term of the Supreme Court of New York, First Department
Dec 7, 2005
2005 N.Y. Slip Op. 51981 (N.Y. App. Term 2005)
Case details for

Eltayyab v. Rivera

Case Details

Full title:YOUSEF ELTAYYAB, Plaintiff-Respondent, v. JACLYN RIVERA and ANGELO…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 7, 2005

Citations

2005 N.Y. Slip Op. 51981 (N.Y. App. Term 2005)
809 N.Y.S.2d 481