AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

GINGER RUSSELL et al., Appellants, v. CITY OF MOUNT VERNON et al., Respondents.

Ordered that the order is affirmed, with costs.

The defendants established a prima facie case that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Gaddy v. Eyler, 79 N.Y.2d 955), and the Supreme Court correctly determined that the plaintiffs' evidence failed to raise a triable question of fact on the issue. The plaintiffs submitted, inter alia, an affirmation by Dr. Gerald L. Gaughan, a physician who examined the injured plaintiff, in which he stated that the injured plaintiff suffered from specifically quantified restrictions of movement of her lumbosacral spine. However, Dr. Gaughan failed to indicate any objective medical tests which he performed to determine these specifically quantified measurements ( see, Merisca v. Afford, 243 A.D.2d 613; Lincoln v. Johnson, 225 A.D.2d 593; Giannakis v. Paschilidou, 212 A.D.2d 502; Antoniou v. Duff, 204 A.D.2d 670). The remainder of the plaintiffs' evidence in opposition to the defendants' motion was not considered, as it was not submitted in admissible form ( see, Grasso v. Angerami, 79 N.Y.2d 813; Mobley v. Riportella, 241 A.D.2d 443, 444).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.

Use AI to get other relevant cases.

Comments

RUSSELL v. CITY OF MOUNT VERNON
(Dec 16, 1998)