Kone v. Rodriguez, 107 A.D.3d 537 (N.Y. App. Div. 1st Dep't 2013). · Go Syfert
Kone v. Rodriguez, 107 A.D.3d 537 (N.Y. App. Div. 1st Dep't 2013). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Cited for
At page 538 Determining triable issues of permanent and significant limitations11 citing casesing “permanent consequential limitation,” and otherwise affirmed, without costs. Defendant established prima facie absence of a serious injury by submitting…opening of page *538 (no citing court says what it cites this page for) · 8 listed here
  • Hobbs v. MTA Bus Co., 211 A.D.3d 471 (N.Y. App. Div. 1st Dep't 2022).published
    In opposition, plaintiff raised an issue of fact by submitting the report of her treating physician and another doctor who opined that she sustained injury requiring surgical treatment and had persisting meaningful limitations more than th…
  • Montoya v. Rosenberger, 176 A.D.3d 581 (N.Y. App. Div. 1st Dep't 2019).published
    The affirmed report of Montoya's treating physician demonstrated persisting meaningful limitations a year and nine months after the accident, raising an issue of fact as to existence of a "significant limitation" ( see Kone v Rodriguez , 1…
  • De Los Santos v. Basilio, 176 A.D.3d 544 (N.Y. App. Div. 1st Dep't 2019).published
    The physicians' reports detailing continuous treatment for continuing pain and persistent limitations for more than a year after the accident raise an issue of fact as to whether the injuries were "significant" within the meaning of Insura…
  • Burgos v. Diop, 140 A.D.3d 521 (N.Y. App. Div. 1st Dep't 2016).published
    His orthopedic surgeon also sufficiently addressed the causation issue, as his opinion that there was a causal relationship was based on his own treatment of plaintiff, review of plaintiff’s MRI records, and observations during the surgeri…
  • Echevarria v. Ocasio, 135 A.D.3d 661 (N.Y. App. Div. 1st Dep't 2016).published
    In opposition to defendants’ prima facie showing of the lack of a serious injury (see Kone v Rodriguez, 107 AD3d 537, 538 [1st Dept 2013]), plaintiff failed to provide medical evidence reconciling the current findings of limitations in her…
  • Kang v. Almanzas, 116 A.D.3d 540 (N.Y. App. Div. 1st Dep't 2014).published 2 cites
    Ltd., 110 AD3d 613 , 614 [1st Dept 2013]; Kone v Rodriguez, 107 AD3d 537, 538 [1st Dept 2013]; see also Trezza v Metropolitan Transp.
  • Diaz v. Guzman, 115 A.D.3d 448 (N.Y. App. Div. 1st Dep't 2014).published 2 cites
    Further, Diaz’s physician opined, following examination and review of the medical records, that there was a direct causal relationship between his current condition and the subject accident (see Kone v Rodriguez, 107 AD3d 537, 538 [1st Dep…
  • Rickert v. Diaz, 112 A.D.3d 451 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    In addition, defendant’s expert orthopedist found, based upon an examination conducted over four years postaccident, that plaintiff had full range of motion and negative clinical test results in all the claimed injured parts of the body (s…
At page 537 “permanent consequential limitation”2 citing cases2 citing courts quote it · 1 listed here
  • Windham v. New York City Transit Auth., 115 A.D.3d 597 (N.Y. App. Div. 1st Dep't 2014).published 2 cites
    They submitted, among other things, reports by their orthopedist and neurologist, who examined each plaintiff 3V2 years after the accident and found full range of motion, negative test results, and resolved sprains in all the body parts cl…
Abdoulaye Kone
v.
Jean Rodriguez
Appellate Division of the Supreme Court of the State of New York.
Jun 18, 2013.
Published opinion
107 A.D.3d 537
Cited by 23 opinions  |  Published

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered March 27, 2012, which denied defendant’s motion for summary judgment dismissing the complaint alleging serious injuries to plaintiff Abdoulaye Kone’s cervical spine, lumbar spine, and left shoulder under the “permanent consequential limitation of use” and “significant limitation of use” categories of Insurance Law § 5102 (d), unanimously modified, on the law, the motion granted to the extent of dismissing the claim alleg[*538]ing “permanent consequential limitation,” and otherwise affirmed, without costs.

Defendant established prima facie absence of a serious injury by submitting the affirmed report of his orthopedist, who examined plaintiff 272 years after the accident and found full range of motion, negative test results, and resolved sprains in the cervical spine, lumbar spine, and left shoulder (see Melo v Grullon, 101 AD3d 452 [1st Dept 2012]; Bailey v Islam, 99 AD3d 633 [1st Dept 2012]). He also established lack of causation as to the lumbar spine and left shoulder by submitting the affirmed MRI reports of his radiologist, who reviewed the MRI films and concluded that the disc bulging and disc herniation in the lumbar spine, and subacromial bone spur in the left shoulder, were degenerative in nature, and found no evidence of acute trauma-related injury in either part of the body (see Pannell-Thomas v Bath, 99 AD3d 485, 485-486 [1st Dept 2012]).

Plaintiff failed to raise a triable issue of fact as to existence of a “permanent consequential limitation,” as his orthopedist’s findings of limitations and positive clinical test results in the cervical spine, lumbar spine, and left shoulder were not based on a recent examination, but on an examination that was performed over 14 months before the examination by defendant’s orthopedist (Vega v MTA Bus Co., 96 AD3d 506, 507 [1st Dept 2012]). Nevertheless, plaintiff raised a triable issue of fact as to “significant limitation of use” of all three parts of the body, as the affirmed report of his orthopedist shows persisting meaningful limitations as of a year and three months after the accident (see Vasquez v Almanzar, 107 AD3d 538 [1st Dept 2013] [decided simultaneously herewith]; see also Lopez v Senatore, 65 NY2d 1017 [1985]; Estrella v GEICO Ins. Co., 102 AD3d 730 [2d Dept 2013]). The orthopedist’s opinion that plaintiff’s injuries are directly related to the accident, based on his own examination, review of plaintiffs medical records, and plaintiffs reported history of an absence of prior problems in the neck, lower back, or left shoulder, sufficiently raises a triable issue of fact as to causation (see Perl v Meher, 18 NY3d 208, 218-219 [2011]; Bonilla v Abdullah, 90 AD3d 466, 467 [1st Dept 2011], lv dismissed 19 NY3d 885 [2012]; Yuen v Arka Memory Cab Corp., 80 AD3d 481, 482 [1st Dept 2011]). Concur — Tom, J.P., Acosta, Saxe and Freedman, JJ.