Li v. Yun
Decision Date | 21 March 2006 |
Docket Number | 2005-01668. |
Citation | 2006 NY Slip Op 02170,27 A.D.3d 624,812 N.Y.S.2d 604 |
Parties | LI H. LI, Respondent, v. WOO SUNG YUN et al., Appellants. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with one bill of costs to the defendants appearing separately and filing separate briefs, the motions are granted, and the complaint is dismissed.
The defendants established, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v. Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v. Eyler, 79 NY2d 955 [1992]; Giraldo v. Mandanici, 24 AD3d 419 [2005]; Kearse v. New York City Tr. Auth., 16 AD3d 45 [2005]). In opposition, the plaintiff did not submit medical proof in admissible form that was contemporaneous with the accident showing any initial range of motion restrictions in her spine or left knee (see Nemchyonok v. Peng Liu Ying, 2 AD3d 421 [2003]; Ifrach v. Neiman, 306 AD2d 380 [2003]; Pajda v. Pedone, 303 AD2d 729 [2003]; Lanza v. Carlick, 279 AD2d 613 [2001]; Passarelle v. Burger, 278 AD2d 294 [2000]). Also, the affirmed report of the plaintiff's physician, which was based on an examination conducted over six years after the plaintiff's last medical treatment, did not explain the lengthy gap in treatment and, therefore, was insufficient to raise a triable issue of fact as to whether the plaintiff sustained a serious injury (see Pommells v. Perez, 4 NY3d 566 [2005]; Ali v Vasquez, 19 AD3d 520 [2005]; Batista v. Olivo, 17 AD3d 494 [2005]).
In light of out determination, we need not reach the remaining contention of the defendants Wai Lin Cheung ...
To continue reading
Request your trial-
Tejerina v. Poncet, 14011/08
...with the accident showing anyPage 11initial range of motion restrictions in her cervical or lumbar spine (Li v. Woo Sung Yun, 27 A.D.3d 624, 812 N.Y.S.2d 604 (2d Dept., 2006); Bell v. Rameau, 29 A.D.3d 839, 814 N. Y.S.2d 534 (2d Dept., 2006) and in the absence of any medical reports that ar......
-
Dipietro v. Mullen
...form that was contemporaneous with the accident showing any initial range of motion restrictions in her spine" (Liv Woo Sung Yun, 27 A.D.3d 624, 625, 812 N.Y.S.2d 604 [2d Dept 2006]; we Ferraro v Ridge Car Serv., 49 A.D.3d 498, 854 N.Y.S.2d 408 [2d Dept 2008]; see also Nicholson v Kwarteng,......
-
Jean-baptiste v. Walton
...for more than 90 days of the first 180 days subsequent to the accident. (Knijnikov v. Mushtag 35 A.D.3d 545 (2d Dept. 2006); Li v. Yun, 27 A.D.3d 624 (2d Dept. 2006); Ifrach v. Neiman, 306 A.D.2d 380 (2d Dept. 2003); Pajda v. Pedone, 303 A.D.2d 729 (2d Dept. 2003); Lanza v. Carlick, 279 A.D......
-
Kellman v. Gittelson, 2010 NY Slip Op 30651(U) (N.Y. Sup. Ct. 3/22/2010), 021201/08.
...medical evidence showing initial range of motion limitations in his spine that were contemporaneous with the subject accident (Li v. Yun, 27 A.D.3d 624 [2nd Dept. 2006]; Bell v. Rameau, 29 A.D.3d 839 [2nd Dept. Further, Dr. Rosner annexes to his sworn affidavit a copy of his records which h......
-
G. Overview of the Most Litigated Threshold Categories
...416, 818 N.Y.S.2d 238 (2d Dep't 2006); Ranzie v. Abdul-Massih, 28 A.D.3d 447, 448, 813 N.Y.S.2d 473 (2d Dep't 2006); Li v. Woo Sung Yun, 27 A.D.3d 624, 625, 812 N.Y.S.2d 604 (2d Dep't 2006).[643] Felton v. Kelly, 44 A.D.3d 1217, 845 N.Y.S.2d 137 (3d Dep't 2007).[644] Murray v. Woods Locksmi......
-
G. Overview Of The Most Litigated Threshold Categories
...416, 818 N.Y.S.2d 238 (2d Dep't 2006); Ranzie v. Abdul-Massih, 28 A.D.3d 447, 448, 813 N.Y.S.2d 473 (2d Dep't 2006); Li v. Woo Sung Yun, 27 A.D.3d 624, 625, 812 N.Y.S.2d 604 (2d Dep't 2006).[660] Felton v. Kelly, 44 A.D.3d 1217, 845 N.Y.S.2d 137 (3d Dep't 2007).[661] Murray v. Woods Locksmi......