Newcomb v. Leslie

Appellate Division of the Supreme Court of New York

Newcomb v. Leslie

300 A.D.2d 92, 751 N.Y.S.2d 462, 2002 N.Y. App. Div. LEXIS 12184

Appellate Division of the Supreme Court of the State of New York·Decided December 12, 2002·Published·Cited by 3 cases

Opinion

—Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about April 10, 2002, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Although defendants established a prima facie case that plaintiff Mark Newcomb did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) by their submission of the affirmed reports of an examining orthopedic surgeon and neurologist, plaintiffs raised an issue of fact by their submission of an MRI report indicating a herniated disc and the report of plaintiff’s treating physician providing objective test results [93] to substantiate plaintiffs subjective complaints of pain (see Noble v Ackerman, 252 AD2d 392; see also Toure v Avis Rent A Car Sys., 98 NY2d 345). Concur — Williams, P.J., Nardelli, Mazzarelli, Buckley and Gonzalez, JJ.

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—Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about April 10, 2002, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Although defendants established a prima facie case that plaintiff Mark Newcomb did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) by their submission of the affirmed reports of an examining orthopedic surgeon and neurologist, plaintiffs raised an issue of fact by their submission of an MRI report indicating a herniated disc and the report of plaintiff’s treating physician providing objective test results [93] to substantiate plaintiffs subjective complaints of pain (see Noble v Ackerman, 252 AD2d 392; see also Toure v Avis Rent A Car Sys., 98 NY2d 345). Concur — Williams, P.J., Nardelli, Mazzarelli, Buckley and Gonzalez, JJ.

Newcomb v. Leslie, 300 A.D.2d 92, 751 N.Y.S.2d 462, 2002 N.Y. App. Div. LEXIS 12184 (N.Y. Ct. App. 2002).

Pincite

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Opinion

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