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Newcomb v. Leslie

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 2002
300 A.D.2d 92 (N.Y. App. Div. 2002)

Opinion

2555

December 12, 2002.

Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about April 10, 2002, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Albert W. Cornachio, III, for plaintiffs-respondents.

Charles W. Benton, for defendants-appellants.

Before: WILLIAMS, P.J., NARDELLI, MAZZARELLI, BUCKLEY, GONZALEZ, JJ.


Although defendants established a prima facie case that plaintiff Mark Newcomb did not suffer a serious injury within the meaning of Insurance Law § 5102(d) by their submission of the affirmed reports of an examining orthopedic surgeon and neurologist, plaintiffs raised an issue of fact by their submission of an MRI report indicating a herniated disc and the report of plaintiff's treating physician providing objective test results to substantiate plaintiff's subjective complaints of pain (see Noble v. Ackerman, 252 A.D.2d 392; see also Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Newcomb v. Leslie

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 2002
300 A.D.2d 92 (N.Y. App. Div. 2002)
Case details for

Newcomb v. Leslie

Case Details

Full title:MARK NEWCOMB, ET AL., Plaintiffs-respondents, v. MARYLIN LESLIE, ET AL.…

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

Date published: Dec 12, 2002

Citations

300 A.D.2d 92 (N.Y. App. Div. 2002)
751 N.Y.S.2d 462

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