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Remekie v. Atileh

Appellate Term of the Supreme Court of New York, Second Department
Feb 17, 2005
2005 N.Y. Slip Op. 50191 (N.Y. App. Term 2005)

Opinion

2004-691 K C.

Decided February 17, 2005.

Appeal by defendant from an order of the Civil Court, Kings County (J. Battaglia, J.), entered April 5, 2004, which denied his motion for summary judgment.

Order unanimously affirmed without costs.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.


Defendant moved for summary judgment on the ground that plaintiff failed to satisfy the threshold requirement of suffering a serious injury under Insurance Law § 5102 (d).

Defendant's doctors failed to set forth the objective tests supporting the claim that there was no limitation of motion of plaintiff's lumbar spine ( Taylor v. Ellis, 5 AD3d 471; Black v. Robinson, 305 AD2d 438; Roca v. Delgado, 4 Misc 3d 126[A], 2004 NY Slip Op 50609[U] [App Term, 2d 11th Jud Dists]). Inasmuch as defendant's motion failed to shift the burden to plaintiff, the sufficiency of plaintiff's opposition papers need not be considered ( Aronov v. Leybovich, 3 AD3d 511).


Summaries of

Remekie v. Atileh

Appellate Term of the Supreme Court of New York, Second Department
Feb 17, 2005
2005 N.Y. Slip Op. 50191 (N.Y. App. Term 2005)
Case details for

Remekie v. Atileh

Case Details

Full title:IVANONE REMEKIE, Respondent, v. HAYTHAM ATILEH, Appellant

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

Date published: Feb 17, 2005

Citations

2005 N.Y. Slip Op. 50191 (N.Y. App. Term 2005)