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Mercedes Mcintosh v. Sisters Servants of Mary and Ema Munoz

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 30, 2010

MERCEDES MCINTOSH,
PLAINTIFF-RESPONDENT,
v.
SISTERS SERVANTS OF MARY AND EMA MUNOZ,
DEFENDANTS-APPELLANTS.

Per curiam.

McIntosh v Sisters Servants of Mary

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 30, 2010

PRESENT: McKeon, P.J., Schoenfeld, Hunter, Jr., JJ

Defendants appeal from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), dated June 3, 2010, which denied defendants' motion for summary judgment dismissing the complaint.

Order (Mitchell J. Danziger, J.), dated June 3, 2010, affirmed, without costs.

In opposition to defendants' prima facie showing of entitlement to judgment as a matter of law dismissing the complaint, plaintiff raised a triable issue with respect to whether she sustained a serious injury within the meaning of Insurance Law § 5102(d). Plaintiff's doctors opined that plaintiff's symptoms, confirmed by documented objective tests, were caused by the subject motor vehicle accident, which aggravated plaintiff's pre-existing degenerative joint disease (see Hammett v Diaz-Frias, 49 AD3d 285 [2008]; Regino v Pichardo, 24 Misc 3d 144[A], 2009 NY Slip Op 51789[U] [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 30, 2010

20101230

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