| Cedeno v Volunteers of Am. of N.Y. |
| 2006 NY Slip Op 51168(U) [12 Misc 3d 132(A)] |
| Decided on June 26, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants appeal from an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered September 9, 2005, which denied their motion for summary judgment dismissing the complaint.
PER CURIAM:
Order (Francis M. Alessandro, J.), entered September 9, 2005, affirmed, with $10 costs.
The evaluations by plaintiff's medical experts were based on their own examinations and objective medical evidence, including MRIs (see Toure v Avis Rent a Car Sys., 98 NY2d 345 [2002]), and were consistent in the view that plaintiff's neck and back injuries were both related to the vehicular accident and permanent. This evidence, together with the explanations given by plaintiff and her doctors for the alleged gap in medical treatment, were sufficient to withstand summary judgment on the threshold issue of whether plaintiff's limitations of use rose to the level of a "serious injury" (Insurance Law § 5102 [d]; see Sepulveda v Reyes, 19 AD3d 297 [2005]). Plaintiff's submissions also raised a triable issue as to whether the injury prevented her from working for six months following the accident.
This constitutes the decision and order of the court.
Decision Date: June 26, 2006