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Meyer v. Gallardo

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1999
260 A.D.2d 556 (N.Y. App. Div. 1999)

Summary

In Meyer v. Gallardo, 260 A.D.2d 556; 688 N.Y.S.2d 624, 625 (2d Dept. 1999), the Second Department affirmed a denial of summary judgment where one of the physicians who examined the injured plaintiff on behalf of the defendant stated that the lateral rotation of his cervical spine was 80 degrees to the right and SO degrees to the left.

Summary of this case from Friedman v. Herway

Opinion

April 19, 1999

Appeal from the Supreme Court, Nassau County (Lally, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

To be entitled to summary judgment, the defendants were required to establish a prima facie case that the plaintiff Robert Meyer (hereinafter the injured plaintiff) did not a sustain a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Gaddy v. Eyler, 79 N.Y.2d 955; Moore v. Tappen, 242 A.D.2d 526; Healea v. Andriani, 158 A.D.2d 587). The defendants failed to do so. One of the physicians who examined the injured plaintiff on behalf of the defendants stated that the lateral rotation of his cervical spine was 80 degrees to the right and 50 degrees to the left. This alone raises an issue of fact as to whether the injured plaintiff suffered a "significant limitation of use of a body function or system" (Insurance Law § 5102 [d]; see, Cesar v. Felix, 181 A.D.2d 852, 853; Healea v. Andriani, supra; see also, Parker v. Defontaine-Stratton, 231 A.D.2d 412, 413). Moreover, the defendants did not address the plaintiffs allegation that he suffered a partial tear of the rotator cuff of his left shoulder ( see, Minori v. Hernandez Trucking Co., 239 A.D.2d 322, 323).

Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.


Summaries of

Meyer v. Gallardo

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1999
260 A.D.2d 556 (N.Y. App. Div. 1999)

In Meyer v. Gallardo, 260 A.D.2d 556; 688 N.Y.S.2d 624, 625 (2d Dept. 1999), the Second Department affirmed a denial of summary judgment where one of the physicians who examined the injured plaintiff on behalf of the defendant stated that the lateral rotation of his cervical spine was 80 degrees to the right and SO degrees to the left.

Summary of this case from Friedman v. Herway

In Mever v. Gallardo, 260 A.D.2d 556; 688 N.Y.S.2d 624, 625 (2d Dept. 1999), the Second Department affirmed a denial of summary judgment where one of the physicians who examined the injured plaintiff on behalf of the defendant stated that the lateral rotation of his cervical spine was 80 degrees to the right and 50 degrees to the left.

Summary of this case from Williams v. Emil Yedowitz Landscaping Corp.

In Meyer v. Gallardo, 260 A.D.2d 556; 688 N.Y.S.2d 624, 625 (2d Dept. 1999), the Second Department affirmed a denial of summary judgment where one of the physicians who examined the injured plaintiff on behalf of the defendant stated that the lateral rotation of his cervical spine was 80 degrees to the right and 50 degrees to the left.

Summary of this case from Ramirez v. Paljusevic
Case details for

Meyer v. Gallardo

Case Details

Full title:ROBERT MEYER et al., Respondents, v. GUIDO A. GALLARDO et al., Appellants

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

Date published: Apr 19, 1999

Citations

260 A.D.2d 556 (N.Y. App. Div. 1999)
688 N.Y.S.2d 624

Citing Cases

Williams v. Emil Yedowitz Landscaping Corp.

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Ramirez v. Paljusevic

In Meyer v. Gallardo, 260 A.D.2d 556; 688 N.Y.S.2d 624, 625 (2d Dept. 1999), the Second Department affirmed…