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Kumar v. Water Auth. of Nassau
Citation: 2021 NY Slip Op 06680Docket: 2019-08885
Court: Appellate Division of the Supreme Court of the State of New York; November 30, 2021; New York; State Appellate Court
Original Court Document: View Document
In the case of Kumar v. Water Authority of Nassau (2021 NY Slip Op 06680), the plaintiffs, Rajesh Kumar and Puja Bhasin, appealed a Supreme Court order that granted the defendants' motion for summary judgment, dismissing their complaint on the grounds that Kumar did not sustain a serious injury as defined under Insurance Law § 5102(d) due to a motor vehicle accident. The Appellate Division, Second Department reversed the lower court's decision, ruling that the defendants had not met their prima facie burden to demonstrate that Kumar did not suffer a serious injury. The court found that the defendants failed to provide sufficient medical evidence to support their claim, noting that their expert acknowledged significant limitations in Kumar's cervical spine range of motion but did not adequately justify why these limitations were self-imposed. Additionally, the defendants did not establish that Kumar's injury was not causally related to the accident. Consequently, the Appellate Division denied the defendants’ motion for summary judgment and reinstated the complaint brought by the plaintiffs. The decision was unanimous among the justices.