Appellate Division of the Supreme Court of New York, 2005

Hernandez v. Ramirez

Appellate Division of the Supreme Court of New York · Decided June 14, 2005

19 A.D.3d 192; 796 N.Y.S.2d 605; 2005 N.Y. App. Div. LEXIS 6527

Cases that cite this one

1 later published case cites this decision.

Burgess v. Avignon Taxi, LLC (Appellate Division of the Supreme Court of New York 2022)

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Opinion of the Court

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered May 3, 2004, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not sustain serious injury to, inter alia, his back, left arm and right knee, within the meaning of Insurance Law § 5102 (d). The affirmed medical reports of a neurologist, an orthopedist and a ra*193diologist, based on objective testing, X rays and an MRI, offered the opinion that plaintiff suffered no disability as a consequence of the motor vehicle accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]).

Plaintiffs unaffirmed medical reports and unsworn medical records submitted in opposition lacked probative value and were insufficient to raise a triable issue of fact as to serious injury (James v Yoen Wah Rental, 1 AD3d 237 [2003]; CPLR 2106). Concur—Buckley, P.J., Mazzarelli, Friedman, Marlow and Ellerin, JJ.

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