AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
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
Attorney(S)

ANTHONY T. KIM, ET AL., RESPONDENTS, v. V. A. BUDHU, ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint insofar as asserted on behalf of the plaintiff Sook Y. Kim is dismissed.

A chiropractor's report dated approximately three weeks after the accident indicated no lumbar or cervical range of motion limitations for the plaintiff Sook Y. Kim (hereinafter the plaintiff), as a result of the accident. After an unexplained 21-month gap in treatment (see, Medina v. Zalman Reis and Assocs., Inc., 239 A.D.2d 394, 395), and in opposition to the defendants' motion, which established their entitlement to summary judgment, the plaintiff submitted a new report from the chiropractor which indicated significant limitations in the plaintiff's range of motion as a result of the accident.

The plaintiff' s submissions were insufficient to defeat the defendants' summary judgment motion, as they were clearly tailored to meet the statutory requirements (see, Marshall v. Albano, 182 A.D.2d 614; Grossman v. Wright, 268 A.D.2d 79 [2d Dept., May 8, 2000]).

Use AI to get other relevant cases.

Comments

KIM v. BUDHU
(Jun 5, 2000)