Aronov v. Leybovich
Cases that cite this one
39 later published cases cite this decision. The 25 that cite it most often are listed here.
- Browdame v. Candura (Appellate Division of the Supreme Court of New York 2006)
- Madatova v. Madatov (Appellate Division of the Supreme Court of New York 2006)
- Miller v. Afshin (Appellate Division of the Supreme Court of New York 2006)
- Yashayev v. Rodriguez (Appellate Division of the Supreme Court of New York 2006)
- Benitez v. Mileski (Appellate Division of the Supreme Court of New York 2006)
- Powell v. Alade (Appellate Division of the Supreme Court of New York 2006)
- Connors v. Flaherty (Appellate Division of the Supreme Court of New York 2006)
- Astudillo v. MV Transportation, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Borelli v. Ogno (Appellate Division of the Supreme Court of New York 2007)
- Fleury v. Benitez (Appellate Division of the Supreme Court of New York 2007)
- Torres v. Safety Cab Corp. (Appellate Division of the Supreme Court of New York 2006)
- Levin v. Chaudhry (Appellate Division of the Supreme Court of New York 2006)
- Salina v. Joseph (Appellate Division of the Supreme Court of New York 2006)
- Dockery v. Budget Rent-a-Car (Appellate Division of the Supreme Court of New York 2006)
- Fakhoury v. Kinlock (Appellate Division of the Supreme Court of New York 2006)
- Kouvaras v. Hertz Corp. (Appellate Division of the Supreme Court of New York 2006)
- Bennett v. Genas (Appellate Division of the Supreme Court of New York 2006)
- Faulkner v. Steinman (Appellate Division of the Supreme Court of New York 2006)
- Kasim v. Defretias (Appellate Division of the Supreme Court of New York 2006)
- Abraham v. Bello (Appellate Division of the Supreme Court of New York 2006)
- Welch v. Penske Truck Leasing Corp. (Appellate Division of the Supreme Court of New York 2006)
- Coppage v. Svetlana Hacking Corp. (Appellate Division of the Supreme Court of New York 2006)
- Walters v. Papanastassiou (Appellate Division of the Supreme Court of New York 2006)
- Bonavoglia v. Singh (Appellate Division of the Supreme Court of New York 2006)
- Mondi v. Keahon (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The defendants failed to establish their prima facie entitlement to summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The affirmed medical reports of the defendants’ examining physicians indicated that a magnetic resonance imaging of the plaintiffs cervical spine taken one month after the accident revealed, inter alia, disc herniations and a disc bulge. Notably, the report of the defendants’ orthopedist specified the degrees of the range of motion in the plaintiffs cervical spine without comparing these findings to the normal range of motion. Thus, the defendants’ proof failed to objectively demonstrate that the plaintiff did not suffer a permanent consequential or significant limitation of use of his cervical spine as a result of the subject accident (see Jones v Jacob, 1 AD3d 485 [2003]; D’Angelo v Guerra, 307 AD2d 306 [2003]; Ervin v Helfant, 303 AD2d 716 [2003]; Franca v Parisi, 298 AD2d 554 [2002]).
Since the defendants failed to establish, prima facie, their entitlement to judgment as a matter of law, the sufficiency of the papers in opposition need not be considered (see Junco v Ranzi, 288 AD2d 440 [2001]). Altman, J.P., S. Miller, Adams and Mastro, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.