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Neurologist and Orthopedist reports establish that plaintiff did not sustain "serious injury": Court dismisses Complaint on motion for summary judgment

Rivera v. Hayes, Index No. 20830/10 (Sup.Ct. Bronx Cty. December 9, 2013)

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The Honorable Alexander W. Hunter granted a Bronx defendant's motion for summary judgment and dismissed the plaintiff's Complaint for failure to show a "serious injury" as required under Insurance Law, Section 5102(d).

Plaintiff claimed injuries relating to a multi-car accident, and served a Verified Bill of Particulars that alleged left carpal tunnel syndrome requiring use of a splint; rotator cuff syndrome of right shoulder requiring shoulder support; posterior cervical bulges; bulges at L3-L4, L4-L5 and L5-S1; and cervical and lumbar sprain, strain and radiculopathy.

Defendant submitted affirmed medical reports, which met the initial burden of proof on the motion for summary judgment. Plaintiff's medical report did not rebut defendant's prima facie case, as it reflected a single examination, held more than six years after the accident.

AGF&J member Irwin Miller and associate Dennis Monaco briefed and argued the motion.