Thomas v. Vais

Appellate Division of the Supreme Court of New York

Thomas v. Vais

301 A.D.2d 443, 752 N.Y.S.2d 886, 2003 N.Y. App. Div. LEXIS 499

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

DecidedJanuary 21, 2003

StatusPublished

This text of 301 A.D.2d 443 (Thomas v. Vais) 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

Thomas v. Vais, 301 A.D.2d 443, 752 N.Y.S.2d 886, 2003 N.Y. App. Div. LEXIS 499 (N.Y. Ct. App. 2003).

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Opinion

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered July 10, 2002, which denied defendants’ motion for summary judgment dismissing the complaint for lack of a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

An issue of fact as to whether plaintiff sustained a serious injury as a result of the accident is raised by the affirmation of her treating physician quantifying limitations of motion revealed upon examination, correlating plaintiff’s complaints of pain to disc herniations and spasm revealed in X-ray and MRI studies, and opining that such injuries were caused by the accident and are progressive and permanent (Toure v Avis Rent A Car Sys., 98 NY2d 345, 350; see Newcomb v Leslie, 300 AD2d 92). Concur — Tom, J.P., Buckley, Rosenberger, Friedman and Marlow, JJ.

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—Order, Supreme Court, Bronx County (Barry Salman, J.), entered July 10, 2002, which denied defendants’ motion for summary judgment dismissing the complaint for lack of a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

An issue of fact as to whether plaintiff sustained a serious injury as a result of the accident is raised by the affirmation of her treating physician quantifying limitations of motion revealed upon examination, correlating plaintiff’s complaints of pain to disc herniations and spasm revealed in X-ray and MRI studies, and opining that such injuries were caused by the accident and are progressive and permanent (Toure v Avis Rent A Car Sys., 98 NY2d 345, 350; see Newcomb v Leslie, 300 AD2d 92). Concur — Tom, J.P., Buckley, Rosenberger, Friedman and Marlow, JJ.

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Bluebook (online)

301 A.D.2d 443, 752 N.Y.S.2d 886, 2003 N.Y. App. Div. LEXIS 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-vais-nyappdiv-2003.

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