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CHINTAM v. FENELUS

65 A.D.3d 946 (2009)

886 N.Y.S.2d 14

VISHNU CHINTAM, Respondent-Appellant, v. JOSLIN FENELUS, Appellant-Respondent.

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

Decided September 24, 2009.

Defendant established prima facie, through her experts' affirmations reporting the results of the objective tests they performed, that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350-351 [2002]), notwithstanding the experts' failure to review the MRI and EMG reports (see Onishi v N & B Taxi, Inc., 51 A.D...

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