The defendants failed to meet their prima facie burden of showing that the plaintiff Virginia Coleman (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 351 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The defendants failed to even address the plaintiffs allegation that she suffered a left shoulder injury as a result of the subject accident (see Monkhouse v Maven Limo, Inc., 44 AD3d 630, 630-631 [2007]; O’Neal v Bronopolsky, 41 AD3d 452 [2007]; Hughes v Cai, 31 AD3d 385 [2006]; Loadholt v New York City Tr. Auth., 12 AD3d
Coleman v. Shangri-La Taxi, Inc.
49 A.D.3d 587
N.Y. App. Div.2008Check TreatmentAI-generated responses must be verified and are not legal advice.
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