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

DONNA E. EASTMAN, Appellant, v. MICHAEL S. HOLLAND, Respondent.

Ordered that the order is affirmed, with costs.

The affirmed report of the defendant's examining neurologist, as well as the plaintiff's deposition testimony and the medical records submitted by the defendant, established, prima facie, that the plaintiff did not sustain a serious injury as a matter of law ( see Nozine v. Sav-On Car Rentals, 15 AD3d 555; Sims v. Megaris, 15 AD3d 468). In opposition, the plaintiff failed to raise a triable issue of fact. The conclusions of her treating physicians were based upon her subjective complaints of pain and limitations, and were unsupported by any objective medical proof ( see Burke v. Torres, 8 AD3d 118; Jockimo v. Abess, 304 AD2d 999, 1000; Davis v. New York City Tr. Auth., 294 AD2d 531, 532; Stowell v. Safee, 251 AD2d 1026).

Use AI to get other relevant cases.

Comments

EASTMAN v. HOLLAND
(Jun 13, 2005)