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Lankios v. Elbaz

Appellate Term of the Supreme Court of New York, Second Department
Mar 4, 2004
2004 N.Y. Slip Op. 50475 (N.Y. App. Term 2004)

Opinion

2003-709 KC.

Decided March 4, 2004.

Appeal by defendant from an order of the Civil Court, Kings County (L. Jacobson, J.), dated October 15, 2002, which denied his motion for summary judgment.

Order unanimously affirmed without costs.

PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.


The medical evidence submitted by defendant in support of his motion made out a prima facie case that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Affirmations submitted by physicians on defendant's behalf included, inter alia, the finding that plaintiff's examinations were within normal limits.

The burden, therefore, shifted to plaintiff to raise a triable issue of fact that he sustained a serious injury ( Gaddy v. Eyler, 79 NY2d 955 [19921).

Plaintiff successfully opposed the motion. The affirmation of plaintiff's doctor described the extent or degree of physical limitation by designating numeric percentages of plaintiff's loss of range of motion of his cervical and lumbar spines that he suffered as a result of the accident ( see Toure v. Avis Rent a Car Sys., 98 NY2d 345, 350).


Summaries of

Lankios v. Elbaz

Appellate Term of the Supreme Court of New York, Second Department
Mar 4, 2004
2004 N.Y. Slip Op. 50475 (N.Y. App. Term 2004)
Case details for

Lankios v. Elbaz

Case Details

Full title:ROMAN LANKIOS, Respondent, v. ISAAC ELBAZ, Appellant

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

Date published: Mar 4, 2004

Citations

2004 N.Y. Slip Op. 50475 (N.Y. App. Term 2004)