49 A.D.3d 387
N.Y. App. Div.
2008

AMADOR CABALLERO, Respondent, v FEV TAXI CORP. et al., Appellants.

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

[852 NYS2d 776]

Defendants failed to meet their initial burden of establishing, prima facie, that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The affirmed reports of the neurologist and orthopedist who examined plaintiff failed to set forth the objective tests performed to support their claims that there was no limitation of range of motion, and did not address the objective findings of plaintiff‘s MRIs showing, inter alia, herniated and bulging discs (see ). Defendants’ failure to meet their initial burden of establishing a prima facie case renders it unnecessary