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Mendola v. Demetres

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1995
212 A.D.2d 515 (N.Y. App. Div. 1995)

Summary

finding that plaintiff's showing that his limitation of motion was "supported . . . by specific measurements concerning limitations" was sufficient to defeat summary judgment

Summary of this case from Davis v. Ogando

Opinion

February 6, 1995

Appeal from the Supreme Court, Suffolk County (Underwood, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contention, the Supreme Court properly denied their motion for summary judgment, holding that they failed to establish that the plaintiff Angel Mendola did not sustain a "serious injury" within the meaning of Insurance Law § 5102 (d) (see generally, Gaddy v. Eyler, 79 N.Y.2d 955). In support of their motion for summary judgment, the appellants submitted reports from the injured plaintiff's treating physicians. One of these reports, by Dr. Joseph Amodei, revealed that the injured plaintiff's range of motion of the thoraco/lumbar spine was limited in all planes of movement and supported this conclusion by specific measurements concerning these limitations (see, Conde v. Eric Serv. Corp., 158 A.D.2d 651; cf., Tipping-Cestari v. Kilhenny, 174 A.D.2d 663). Accordingly, the appellants' motion papers failed to establish a prima facie case that Ms. Mendola's injuries were not serious. Mangano, P.J., O'Brien, Pizzuto and Florio, JJ., concur.


Summaries of

Mendola v. Demetres

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1995
212 A.D.2d 515 (N.Y. App. Div. 1995)

finding that plaintiff's showing that his limitation of motion was "supported . . . by specific measurements concerning limitations" was sufficient to defeat summary judgment

Summary of this case from Davis v. Ogando
Case details for

Mendola v. Demetres

Case Details

Full title:ANGEL MENDOLA et al., Respondents, v. SONJA L. DEMETRES, Defendant, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 6, 1995

Citations

212 A.D.2d 515 (N.Y. App. Div. 1995)
622 N.Y.S.2d 309

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