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Stark v. Amadio

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 569 (N.Y. App. Div. 1997)

Opinion

May 27, 1997

Appeal from the Supreme Court, Suffolk County (Underwood, J.).


Ordered that the order is affirmed, with costs.

The plaintiff met his burden of demonstrating the existence of factual issues with respect to whether he suffered a "serious injury" within the meaning of Insurance Law § 5102(d). The medical reports of the plaintiff's treating chiropractor, the truth and accuracy of which are sworn to by affidavit, present objective quantified evidence of the degree of limitation with respect to the use of the plaintiff's cervical spine and the duration of the limitation (see, Rut v. Grigonis, 214 A.D.2d 721; Bates v. Peeples, 171 A.D.2d 635).

Miller, J.P., Thompson, Joy and Luciano, JJ., concur.


Summaries of

Stark v. Amadio

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 569 (N.Y. App. Div. 1997)
Case details for

Stark v. Amadio

Case Details

Full title:KEITH STARK, Respondent, v. PAOLO AMADIO et al., Defendants, and CLIFFORD…

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

Date published: May 27, 1997

Citations

239 A.D.2d 569 (N.Y. App. Div. 1997)
658 N.Y.S.2d 991

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