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CORDERO v. FORD CREDIT TITLING

Appellate Division of the Supreme Court of New York, Second Department.
Apr 24, 2007
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Ordered that the order is affirmed, with costs.

The defendants Patricia Sammon and Brian Sammon made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law ยง 5102 (d) as a result of the subject accident ( see Toure v Avis Rent A Car Sys., 98 NY2d 345; Gaddy v Eyler, 79 NY2d 955). However, in opposition to the motion, the plaintiff raised a triable issue of fact by submitting, inter alia, the affirmed report of a neurologist quantifying the decreased range of motion in his cervical and lumbar spines based upon a recent examination, and affirmed magnetic resonance imaging test reports finding multiple disc herniations and bulges ( see Santiago v Rodriguez, 38 AD3d 639; Lim v Tiburzi, 36 AD3d 671; Gonzalez v Baik, 36 AD3d 854; Holley v Salsa, Inc., 35 AD3d 814).