Paradizov v Doan

Annotate this Case
Paradizov v Doan 2007 NY Slip Op 10126 [46 AD3d 787] December 18, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Nikolai Paradizov et al., Appellants,
v
Hue Doan et al., Respondents.

—[*1] Gershbaum & Weisz, P.C., New York, N.Y. (Charles Gershbaum of counsel), for appellants.

Cheven, Keely & Hatzis, New York, N.Y. (Mayu Miyashita of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated August 16, 2006, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that none of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The defendants failed to make a prima facie showing that the plaintiffs did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). The defendants did not provide any objective evidentiary basis for their expert orthopedist's opinion that each of the plaintiffs enjoyed a "full range of motion" and that the plaintiff Nikolai Paradizov experienced only "slight restrictions of motion of the back" which, in the expert's view, were "entirely ascribable" to a subsequent accident (Coburn v Samuel, 44 AD3d 698 [2007]; see Cedillo v Rivera, 39 AD3d 453 [2007]). Therefore, the defendants' motion for summary judgment dismissing the complaint should have been denied (see Ayotte v Gervasio, 81 NY2d 1062 [1993]), regardless of the sufficiency of the plaintiffs' opposition (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Crane, J.P., Ritter, Fisher, Covello and Dickerson, JJ., concur.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.