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Little v. Locoh, 71 A.D.3d 837 (2d Dept 2010)

Defendant’s motions for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) were granted.  The Appellate Division affirmed.

Plaintiff’s reliance on unaffirmed and/or uncertified records were without probative value and insufficient to raise a triable issue.  Plaintiff’s examining physician also failed to raise a triable issue of fact, as despite recent significant limitations in cervical spine range of motion, plaintiff failed to offer evidence of the existence of significant limitations contemporaneous with the accident.  Affirmed MRIs reflecting the existence of an ACL tear and various bulging discs is not a serious injury in the absence of objective evidence of the extent of limitations and their duration. 

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