Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

FARUQUE v. PONCE

Appellate Division of the Supreme Court of New York, Second Department.
Mar 1, 1999

Ordered that the order is affirmed, with one bill of costs.

In support of their motions for summary judgment, the appellants submitted, inter alia, reports prepared by the respondent's radiologist which stated that magnetic resonance images taken of the respondent's cervical and lumbar spines approximately two months after the accident revealed the existence of bulging discs at C3-4 and L5-S1. Accordingly, the appellants' respective motion papers failed to establish a prima facie case that the respondent's injuries were not serious within the meaning of Insurance Law ยง 5102 (d) ( see, Thomas v. Joyner, 237 A.D.2d 347; Rosmarin v. Lamontanaro, 238 A.D.2d 567; Flanagan v. Hoeg, 212 A.D.2d 756).

Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.