Plaintiff also alleges that she was confined to her home for two days following the instant accident. Plaintiff alleges to have sustained a host of injuries, the most serious being bulging discs at 元-L4, L4-L5, and L5-S1 and disc protrusions at C5-C6 and C6-C7. Plaintiff alleges that defendants were negligent in the ownership and operation of their vehicle, said negligence causing her to sustain injuries. Specifically, it is alleged that plaintiff's vehicle came into contact with a vehicle owned by defendant PATRICK MORGAN and operated by defendant CLARIBEL MERCADO. Read together, the complaint and bill of particulars allege the following: On June 18, 2014, at or near the intersection of Pelham Parkway and NYS Thruway, Bronx, NY, plaintiff was involved in a motor vehicle accident. Plaintiff opposes the instant motion asserting that defendants fail to establish prima facie entitlement to summary judgment and that questions of fact on the existence of a serious injury nevertheless preclude summary judgment.įor the reasons that follow hereinafter defendants' motion is granted. In this action for personal injuries arising from an automobile accident, defendants move for an order granting them summary judgment and dismissing plaintiff's complaint on grounds that plaintiff did not sustain a serious injury as defined by Insurance Law § 5102(d). Patrick Morgan and Claribel Mercado, Defendants.ĭefendants' Counsel: Richard T. This opinion is uncorrected and will not be published in the printed Official Reports.Ĭivil Court of the City of New York, Bronx County Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Civil Court Of The City Of New York, Bronx County
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