Faulkner v. Steinman, 28 A.D.3d 604 (N.Y. App. Div. 2d Dep't 2006). · Go Syfert
Faulkner v. Steinman, 28 A.D.3d 604 (N.Y. App. Div. 2d Dep't 2006). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 2 distinct courts.
Cited for
At page 605 Determining serious injury under insurance law4 citing casesIn an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (LaMarca, J.), dated March 8,…opening of page *605 (no citing court says what it cites this page for) · 3 listed here
  • Pryce v. Nelson, 124 A.D.3d 859 (N.Y. App. Div. 2d Dep't 2015).published
    The defendant’s examining orthopedist opined that the condition of the thoracolumbar region of the plaintiffs spine was the result of preexisting degenerative disc disease and a prior motor vehicle accident, and he provided a nonconclusory…
  • John v. Linden, 124 A.D.3d 598 (N.Y. App. Div. 2d Dep't 2015).published 2 cites
    The defendant submitted competent medical evidence establishing, prima facie, that the alleged injuries to the plaintiffs cervical and lumbar regions of the spine did not constitute a serious injury within the meaning of Insurance Law § 51…
  • Inzalaco v. Consalvo, 115 A.D.3d 807 (N.Y. App. Div. 2d Dep't 2014).published 2 cites
    Based on that evidence, the Margolis defendants established, prima facie, that the claimed injury was not caused by the subject accident (see Chery v Jones, 62 AD3d 742, 742-743 [2009]; Faulkner v Steinman, 28 AD3d 604, 605 [2006]; Kaplan…
Retrieving the full opinion text from the archive…
Paul Faulkner
v.
Leonard D. Steinman
Appellate Division of the Supreme Court of the State of New York.
Apr 18, 2006.
Published opinion
28 A.D.3d 604
Cited by 8 opinions  |  Published

[*605] In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (LaMarca, J.), dated March 8, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The defendant’s evidence, consisting of, inter alia, the plaintiffs deposition testimony and the affirmed medical report of the defendant’s examining orthopedist, established, prima facie, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 [1992]). Although the orthopedist set forth range of motion findings as to the plaintiffs cervical spine and did not compare those findings to what is normal, a prima facie case for summary judgment was made out when he attributed the conditions in the plaintiff’s cervical spine to degenerative changes (see Giraldo v Mandanici, 24 AD3d 419 [2005]; Meyers v Bobower Yeshiva Bnei Zion, 20 AD3d 456 [2005]).

In opposition, the plaintiff failed to raise a triable issue of fact. The affidavit of the plaintiffs treating chiropractor, which was premised on a recent examination of the plaintiff, specified the degrees of the range of motion in the plaintiff’s cervical spine but did so without comparing those findings to the normal range of motion (see Baudilio v Pam Car & Truck Rental, Inc., 23 AD3d 420 [2005]; Manceri v Bowe, 19 AD3d 462, 463 [2005]; Aronov v Leybovich, 3 AD3d 511, 512 [2004]; cf. Browdame v Candura, 25 AD3d 747, 748 [2006]). Furthermore, the affidavit of the plaintiffs chiropractor failed to address the finding of the defendant’s orthopedist, who attributed the condition of the plaintiffs cervical spine to degenerative changes (see Giraldo v Mandanici, supra at 420; Ifrach v Neiman, 306 AD2d 380 [2003]; Ginty v MacNamara, 300 AD2d 624, 625 [2002]). This rendered speculative the opinion of the plaintiffs chiropractor that the plaintiffs cervical conditions were caused by the subject accident (see Giraldo v Mandanici, supra; Lorthe v Adeyeye, 306 AD2d 252, 253 [2003]; Ginty v MacNamara, supra). Moreover,[*606] the plaintiff failed to proffer competent medical evidence that the plaintiff was unable to perform substantially all of his daily activities for not less than 90 of the first 180 days subsequent to the subject accident (see Davis v New York City Tr. Auth., 294 AD2d 531 [2002]; Sainte-Aime v Ho, 274 AD2d 569 [2000]; Arshad v Gomer, 268 AD2d 450 [2000]).

Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Schmidt, J.P., Crane, Krausman, Skelos and Lunn, JJ., concur.