Patterson v. Rivera
This text of 49 A.D.3d 337 (Patterson v. Rivera) 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.
Opinion
The motion was properly denied on the ground that defendants’ expert did not address the MRI reports showing herniated discs, which in conjunction with other evidence was indicative of serious injury (see Wadford v Gruz, 35 AD3d 258 [2006]; Nix v Yang Gao Xiang, 19 AD3d 227 [2005]). Since defendants failed to meet their initial burden on the motion, there is no need to consider plaintiffs opposing papers (see id.). Concur— Mazzarelli, J.P., Saxe, Friedman and Nardelli, JJ.
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Cite This Page — Counsel Stack
49 A.D.3d 337, 852 N.Y.2d 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-rivera-nyappdiv-2008.