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Patterson v. RiveraPatterson v. Rivera

Appellate Division of the Supreme Court of the State of New York
Mar 11, 2008
Versions:49 A.D.3d 337
852 N.Y.S.2d 762
852 N.Y.2d 762

The motion was properly denied on the ground that defendants’ expert did not address the MRI reports showing herniated discs, which in conjunction with other evidence was indicative of serious injury (see Wadford v Gruz, 35 AD3d 258 [2006]; Nix v Yang Gao Xiang, 19 AD3d 227 [2005]). Since defendants failed to meet their initial burden on the motion, there is no need to consider plaintiff‘s opposing papers (see id.). Concur—Mazzarelli, J.P., Saxe, Friedman and Nardelli, JJ.

Case Details

Case Name: Patterson v. Rivera
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 11, 2008
Citations: 49 A.D.3d 337; 852 N.Y.S.2d 762; 852 N.Y.2d 762
Court Abbreviation: N.Y. App. Div.
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