Pagan v. Gondola Cab Corp.

Appellate Division of the Supreme Court of New York

Pagan v. Gondola Cab Corp.

235 A.D.2d 251, 652 N.Y.S.2d 277, 1997 N.Y. App. Div. LEXIS 234

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 1997

StatusPublished

Cited by4 cases

This text of 235 A.D.2d 251 (Pagan v. Gondola Cab Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pagan v. Gondola Cab Corp., 235 A.D.2d 251, 652 N.Y.S.2d 277, 1997 N.Y. App. Div. LEXIS 234 (N.Y. Ct. App. 1997).

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Opinion

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered January 26, 1996, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied where the medical report of defendants’ physician, offered to establish that plaintiff had not suffered "serious injury” under Insurance Law § 5102 (d), was unsigned and therefore not in admissible form (DeAngelo v Fidel Corp. Servs., 171 AD2d 588). In any [252]*252event, the affidavit of plaintiffs treating physician, stating that he found a 20% restriction of both the cervical and lumbosacral spine after a recent examination and testing, sufficed to show, prima facie, that the injuries were objectively measured and " ' "significant” ’ ” (Parker v Defontaine-Stratton, 231 AD2d 412, 413). Concur—Sullivan, J. P., Milonas, Rosenberger and Rubin, JJ.

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Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered January 26, 1996, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied where the medical report of defendants’ physician, offered to establish that plaintiff had not suffered "serious injury” under Insurance Law § 5102 (d), was unsigned and therefore not in admissible form (DeAngelo v Fidel Corp. Servs., 171 AD2d 588). In any [252]*252event, the affidavit of plaintiffs treating physician, stating that he found a 20% restriction of both the cervical and lumbosacral spine after a recent examination and testing, sufficed to show, prima facie, that the injuries were objectively measured and " ' "significant” ’ ” (Parker v Defontaine-Stratton, 231 AD2d 412, 413). Concur—Sullivan, J. P., Milonas, Rosenberger and Rubin, JJ.

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Bluebook (online)

235 A.D.2d 251, 652 N.Y.S.2d 277, 1997 N.Y. App. Div. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pagan-v-gondola-cab-corp-nyappdiv-1997.

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