Scahill Law Group P.C. | New York Trial Attorneys

Jean Beaubrun v. Yehuda David Taller (Index No. 611165/23, Nassau County Supreme Court) 

July 21, 2025
By: Ralph Rosario

Congratulations to Gerard Ferrara for securing a summary judgment dismissal in Nassau County Supreme Court before Hon. Gregg Roth. The plaintiff alleged significant spinal and shoulder injuries, claiming his injuries met multiple serious injury threshold categories under New York Insurance Law § 5102(d). 

Gerard successfully argued that the plaintiff failed to establish a serious injury, leading the court to dismiss the case in its entirety. Key findings from the court’s decision included: 

  • Full Range of Motion and No Objective Findings – The defense’s medical expert, Dr. Kerker, conducted a comprehensive exam and found the plaintiff had full range of motion in his cervical spine, lumbar spine, and right shoulder, with no objective signs of instability, internal derangement, or impairment. 
  • Plaintiff’s Own Testimony Undermined 90/180 Claim – The court noted the plaintiff did not miss any time from work and was not confined to his home, directly contradicting his claim that he was unable to perform daily activities. 
  • Gap in Treatment and Lack of Contemporaneous Evidence – The plaintiff stopped treatment in August 2023 and his expert exam was conducted over a year and a half after the accident, failing to provide contemporaneous medical proof of lasting injuries. 
  • Unsworn Medical Records Inadmissible – The court rejected the plaintiff’s medical submissions as unsworn and uncertified, rendering them insufficient to raise a triable issue of fact. 

With these findings, the court granted summary judgment in favor of the defense, dismissing all claims. This victory highlights Gerard’s ability to eliminate high-exposure injury claims before trial through strategic motion practice and expert medical analysis. 

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