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Boone v. Elizabeth Taxi, Inc.
Citations: 117 A.D.3d 515; 986 N.Y.S.2d 62
Court: Appellate Division of the Supreme Court of the State of New York; May 13, 2014; New York; State Appellate Court
The Supreme Court of New York County, presided over by Justice Arlene P. Bluth, issued an order on March 7, 2013, granting defendants’ motion for summary judgment and dismissing the plaintiff's complaint. The plaintiff claimed to have sustained cervical spine injuries and bilateral wrist pain from an accident involving a taxi, alleging these injuries fell under the permanent consequential limitations and 90/180-day categories of Insurance Law § 5102(d). Defendants successfully demonstrated a lack of permanent consequential limitations by presenting expert medical reports showing full motion in the cervical spine and wrists, negative test results, and no objective evidence of permanent injury. Additionally, a radiologist's report indicated that the plaintiff's cervical spine issues were chronic and degenerative, unrelated to the accident. In response, the plaintiff introduced a new claim of a left wrist fracture supported by a radiologist's affirmation. However, this claim was deemed improperly raised as it was not included in the original bill of particulars. The court noted that none of the plaintiff's treating physicians had diagnosed a fracture, and initial MRI reviews showed no evidence of one, thus contradicting both the bill of particulars and the plaintiff's deposition testimony. Regarding the 90/180-day claim, the defendants provided deposition testimony indicating the plaintiff was only bedridden for a month, which the plaintiff did not effectively counter with medical evidence. The court concluded that the defendants had established their prima facie entitlement to summary judgment, leading to the unanimous affirmation of the dismissal without costs.