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Decided on July 1, 2003
Supreme Court, Bronx County

20347/2001
Counsel for Plaintiff: Daniel Chavez, Esq. Law Offices of Daniel Chavez 840 Grand Concourse, Suite 2AA Bronx, New York 10451
(718) 292-4500 Counsel for Defendants: Thomas Tort, Esq., of counsel Gerber & Gerber, LLP
26 Court Street, Suite 1100
P.O. Box 02 1393
Brooklyn, New York 11202-0032
(718) 834-4850
Betty Owen Stinson, J.
This motion by defendant N & A Taxi ("defendant") for summary judgment dismissing the complaint for plaintiff's failure to demonstrate a serious injury is granted.
Plaintiff was allegedly injured in a motor vehicle accident with defendant's taxi on November 25, 1999. Plaintiff stated in his deposition that he briefly lost consciousness after the accident and was taken to an emergency room where he was examined and released with pain medication and a cervical collar. The following day, plaintiff visited a chiropractor and treated with him for approximately five months. Plaintiff stated that he could not get out of bed unassisted for a week after the accident and returned to work two weeks after the accident. Plaintiff commenced suit alleging injuries in his Bill of Particulars including herniated nucleus pulposus at C3-C4 and C6-C7, concussion, cervical radiculopathy, lumbar and thoracic strain and sprain with lumbar radiculopathy and traumatic synovitis of the left wrist. After discovery was completed, defendant made the instant motion for summary judgment.
Summary judgment is appropriate when there is no genuine issue of fact to be resolved at [*2]trial and the record submitted warrants the court as a matter of law in directing judgment (Andre v. Pomeroy, 35 NY2d 361 [1974]). A party opposing the motion must come forward with admissible proof that would demonstrate the necessity of a trial as to an issue of fact (Friends of Animals v. Associated Fur Manufacturers, 46 NY2d 1065 [1979]).
In order to recover for pain and suffering resulting from an automobile accident under New York's "No-Fault" statute, Insurance Law

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New York Law