TAHER v. VALERIO-MENA


195 Misc.2d 687 (2003)

759 N.Y.S.2d 646

MOHAMMED TAHER, Plaintiff, v. SANTO VALERIO-MENA, Defendant.

Civil Court, Queens County.

April 21, 2003.


Attorney(s) appearing for the Case

Jeffrey Samel & Partners, New York City, for defendant.

Andrew Hirschhorn, Rosedale, for plaintiff.


OPINION OF THE COURT

CHARLES J. MARKEY, J.

The novel issue raised in this "serious injury" case, under Insurance Law § 5102 (d), is whether the device of an inclinometer is one that can provide objective measurements of a limitation of motion so as to permit a plaintiff to survive a defense threshold motion.

Defendant moves for summary judgment dismissing the complaint regarding a motor vehicle...

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