AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MAGDALINA EXILUS et al., Respondents, v. FRITZNER NICHOLAS et al., Appellants, et al., Defendant.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The appellants' submissions in support of their motion for summary judgment were insufficient to establish, prima facie, that the plaintiff did not sustain a serious injury as a result of the subject accident ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345; Gaddy v. Eyler, 79 NY2d 955). The appellants' examining orthopedist failed to set forth the objective test or tests performed supporting his claim that there was no limitation of range of motion in the infant plaintiff's lumbar spine, cervical spine, or upper extremities ( see Barrett v. Jeannot, 18 AD3d 679; Zavala v. DeSantis, 1 AD3d 354; Black v. Robinson, 305 AD2d 438). Similarly, while the appellants' examining neurologist opined that all of the infant plaintiff's joints, extremities, and vertebral segments exhibited complete, free, and painless range of motion (cervical through lumbar), the neurologist did not specify the objective tests used to arrive at those conclusions.

Since the appellants failed to establish their entitlement to judgment as a matter of law, we need not consider whether the plaintiffs' opposition papers were sufficient to raise a triable issue of fact ( see Lesane v. Tejada, 15 AD3d 358; Coscia v. 938 Trading Corp., 283 AD2d 538).

Use AI to get other relevant cases.

Comments

EXILUS v. NICHOLAS
(Feb 28, 2006)