[Download] "Joseph Waldman v. Dong Kook Chang" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Joseph Waldman v. Dong Kook Chang
- Author : Supreme Court of New York
- Release Date : January 15, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[175 A.D.2d 204 Page 204] DECISION & ORDER We agree with the defendant's contention that the plaintiff failed to establish a prima facie case
that he sustained "serious injury" within the meaning of Insurance Law § 5102(d). The affirmation of the plaintiff's treating
physician indicated that the plaintiff suffered a 15% limitation in the range of motion of his cervical spine and back as
a result of injuries sustained in the instant automobile accident. However, we find the physician's affirmation to be merely
"conclusory assertions tailored to meet statutory requirements" (Lopez v Senatore, 65 N.Y.2d 1017, 1019). Furthermore, the
balance of the evidence, including the plaintiff's own deposition testimony and hospital records, fail to show any such limitation.
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