Cupertino v Perkins

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Cupertino v Perkins 2021 NY Slip Op 33590(U) November 19, 2021 Supreme Court, Dutchess County Docket Number: Index No. 52500/19 Judge: Maria G. Rosa Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 2019-52500 FILED: DUTCHESS COUNTY CLERK 11/23/2021 02:26 PM NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/19/2021 SUPREME SUPREME COURT COURT OF THE THE STATE STATE OF NEW NEW YORK YORK COUNTY OF DUTCHESS DUTCHESS COUNTY Present: Present: Maria G. Rosa, Rosa, Justice Justice Hon. Maria VICKIE VICKIE F. CUPERTINO, CUPERTINO, .,. Plaintiff, Plaintiff, I( .,against..,against- DECISION DECISION AND AND ORDER ORDER Index No. 52500/19 Index No. 52500/19 II KEITH E. PERKINS, PERKINS, JR. JR.and DONNA M. PERKINS, PERKINS, KEITH and DONNA Defendants. Defendants. The following judgment. following papers papers were were read read on Defendants' Defendants' motion motion for summary summary judgment. NOTICE MOTION NOTICE OF MOTION STATEMENT OF MATERIAL MATERIAL FACTS FACTS STATEMENT AFFIRMATION IN SUPPORT SUPPORT AFFIRMATIONIN EXHIBITS A - I ·. EXHIBITS AFFIRMATION IN OPPOSITION OPPOSITION AFFIRMATION STATEMENT OF MATERIAL MATERIAL FACTS FACTS STATEMENT EXHIBITS A - B EXHIBITS REPLY AFFIRMATION AFFIRMATION REPLY a negligence negligence action action in which which Plaintiff Plaintiff seeks seeks damages damages for injuries injuries allegedly allegedly sustained sustained This is is ·a in a motor 2018 at the motor vehicle vehicle accident. accident. The The accident accident occurred occurred on October October 4, 4,2018 the intersection intersection of of Lime Lime Kiln Road that as she was Road and South South Drive Drive in the Town Town of of East East Fishkill. Fishkill. Plaintiff Plaintiff alleges alleges that was lawfully lawfully proceeding proceeding through through the intersection intersection when when a Toyota Toyota pickup pickup truck truck driven driven by Defendant Defendant Keith Keith Perkins, Perkins, Jr. struck struck the front end end of of her her vehicle. vehicle. Following Following the accident accident Plaintiff Plaintiff was was transported transported by ambulance ambulance Vassar Brothers Brothers Medical Medical Center Center where where she was was treated treated and and released. released. Defendants Defendants move move for to Vassar summary judgment alleging summary judgment alleging Plaintiff Plaintiff failed failed to sustained sustained a "serious "serious injury" injury" as defined defined in Insurance Insurance Law §5102(d). S5102(d). The judgment carries The proponent proponent of of a motion motion for summary summary judgment carries the the initial initial burden burden of of tendering tendering sufficient sufficient admissible admissible evidence evidence to demonstrate demonstrate the the absence absence of of a material material issue issue of of fact fact as a matter matter of of Alvarez v. Prospect Prospect Hospital, Hospital, 68 NY2d 324 (1986). (1986). Ifa Ifa movant movant has has met met this this threshold threshold law. Alvarez NY2d 320, 3i4 burden, to defeat defeaUhe motion the the opposing opposing ·party party must must present present the the existence existence of of a triable triable issue issue of of fact. burden, .the motion See, Zuckerman Zuckerman v. New York, 49 NY2d 562 (1980). (1980). In deciding deciding a motion motion for summary summary See. New York, NY2d 557, 562 [* 1] 1 of 6 FILED: DUTCHESS COUNTY CLERK 11/23/2021 02:26 PM NYSCEF DOC. NO. 52 INDEX NO. 2019-52500 RECEIVED NYSCEF: 11/19/2021 judgment, "the trial court court must must afford afford the party opposing the motion motion every every inference inference which which may may be judgment, "the party opposing properly drawn from the facts presented, must be considered considered favorable favorable to the properly drawn presented, and the facts must nonmovant." Szczerbiak Szczerbiak v. Pilat, Pilat, 90 NY2d (1997). NY2d 553 (1997). nonmovant." When a plaintiff claims he or she has suffered suffered a serious serious injury injury based "significant When plaintiff claims based on a "significant limitation of of use of of a body function or system," system," plaintiff must demonstrate demonstrate that that the injury injury alleged alleged has body function plaintiff must limitation limited the use of ofthe afflicted area area in a significant significant way rather rather than than a mild mild one. Licardi Licardi v. Elliot, Elliot, 57 the afflicted limited NY 2d 230 (1982). (1982). A mild, mild, slight slight or minor minor limitation limitation is insufficient insufficient to constitute constitute a serious serious injury. injury. Insurance Law Law §5102( S5102( d). Id. The word word "significant" "significant" means means that that the injury injury is important important and relates relates Insurance medical significance. significance. Toure v. Avis Avis Rent Rent A Car Systems, Systems, Inc., 98 NY2d (2002). The The to medical Toure NY2d 345 (2002). medical significance significance of of an injury injury "involves "involves a comparative comparative determination determination of ofthe degree or qualitative qualitative the degree medical nature of of an injury injury based normal function, function, purpose of the body nature based on normal purpose and use of body part." part." Id. at 353. A plaintiffs serious injury injury claim claim must must be supported supported by objective objective evidence. evidence. Id. at 350. On a motion motion plaintiffs serious summary judgment defendant has the threshold threshold burden of establishing establishing that that a serious serious injury injury for summary judgment the defendant burden of rd Dept 2002). did not occur. See Serrano Serrano v. Canton, Canton, 299 AD3d AD3d 703 (3 (3rdDept 2002). Plaintiff alleges alleges that that as a result result of of the motor motor vehicle vehicle accident accident she sustained sustained injuries injuries to both both Plaintiff resulted in a left hand hand carpal carpal tunnel tunnel release release procedure, cervical spine spine disc disc herniation herniation at C4arms that resulted procedure, cervical C5-C6 and T3-T4, T3-T4, cervical cervical and thoracic C5, C5-C6 thoracic radiculopathy radiculopathy and hematomas hematomas in the the right right breast breast and pelvic further alleges alleges the accident accident aggravated aggravated and exasperated exasperated degenerative degenerative disc disease disease pelvic regions. regions. She further of the cervical, cervical, thoracic thoracic and lumbosacral lumbosacral spine. At her deposition deposition she testified testified that that she still suffers suffers of neck, thoracic thoracic spine, spine, arm, wrist, wrist, hand hand and abdomen. abdomen. She further further states states that that she is from pain pain in her neck, longer able to swim, swim, ride a bicycle, garden and and that that the injuries injuries have have no longer bicycle, go to the gym, sew or garden impaired her ability ability to lift packages walk long distances. distances. packages or walk impaired support of of their their motion motion for summary summary judgment Defendants have have submitted submitted copies copies of of the In support judgment Defendants pleadings, deposition transcripts, transcripts, Plaintiffs Plaintiff s treatment treatment records records from Vassar Vassar Brothers Brothers Medical Medical Center Center pleadings, deposition and the reports reports of of physicians conducted orthopedic orthopedic and neurological neurological independent independent medical medical physicians who conducted examinations. The foregoing foregoing establish establish that that following following the accident accident Plaintiff Plaintiff was examinations. was placed placed in a c-collar and transported ambulance to Vassar Brothers Medical Medical Center. Center. Records Records from the c-collar transported by ambulance Vassar Brothers emergency room Plaintiff complained complained of of pain chest, abdomen abdomen and lower lower leg. They They emergency room state that that Plaintiff pain in the chest, denied neck neck pain, back pain nausea. However, However, at her deposition deposition Plaintiff Plaintifftestified that assert she denied pain, back pain or nausea. testified that accident she complained complained of of pain chest, back, neck, abdomen, abdomen, elbows, elbows, and and of of having having after the accident pain to the chest, back, neck, bad headaches headaches and nausea. nausea. An x-ray x-ray of of her leg was normal. normal. CT scans scans of of chest, chest, abdomen abdomen and pelvis pelvis showed a large right right breast breast and chest chest wall subcutaneous subcutaneous mass mass consistent consistent with with a hematoma. hematoma. The CT showed of the head, head, cervical, cervical, thoracic thoracic and lumbosacral lumbosacral spine spine were were normal. normal. Plaintiff Plaintiff was was discharged discharged scans of with instructions primary care physician. physician. instructions to follow follow up with with her primary Plaintiff treated treated with with her primary later on October October 9, 9,2018. Plaintiff primary care physician physician five days later 2018. She was diagnosed with with a hematoma hematoma in the right right upper upper chest chest region. region. The report report of of Defendants' Defendants' expert expert diagnosed "neurologist Ira Neustadt states that that an October October 23, 2018 ultrasound ultrasound of of Plaintiffs Plaintiffs breast revealed breast revealed ·neurologist Neustadt states post-traumatic changes and and a six centimeter centimeter hematoma hematoma in the subclavicular subclavicular region. region. Dr. Neustadt post-traumatic changes Neustadt asserts that between October and December December 2018 2018 Plaintiff Plaintiff treated treated with asserts between October with a nurse nurse practitioner practitioner for the 2 [* 2] 2 of 6 FILED: DUTCHESS COUNTY CLERK 11/23/2021 02:26 PM NYSCEF DOC. NO. 52 INDEX NO. 2019-52500 RECEIVED NYSCEF: 11/19/2021 ber 15, on Decem that on states that report states His report bruising and hematoma December 15, 2018 2018 areas. His chest areas. pelvic and chest her pelvic hematoma in her bmising and that en abdom left lower the collection in the lower left abdomen that an ultrasound of the fluid collection complex fluid showed a complex abdomen showed the abdomen ultrasound of an abdomen the abdomen of the scan of CT scan 2019 CT January 2019 that a January likely states that hematoma. He states evolving hematoma. an evolving represented an likely represented tissues. subcutaneous tissues. and subcutaneous hematoma and and possible hematoma wall possible abdominal wall lower abdominal left lower showed aa left pelvis showed and pelvis and neck and arms, neck her arms, in her pain in more pain began to feel more Plaintiff 2019 she began January 2019 that in January testified that Plaintiff testified to and arms her through her arms and to radiation down ncing radiation thoracic spine. She She further stated that experiencing down through that she was experie further stated thoracic spine. treated initially treated She initially things. She dropping things. her dropping her things up and her pick things inability to pick resulted in an inability that resulted wrists that her wrists dt's Neusta Dr. Jindal. Dr. Neustadt's Surinder Jindal. neurologist Dr. Surinder with Stuart Styles Styles who her to neurologist referred her who referred Dr. Stuart orthopedist Dr. with orthopedist 2019. April 2019. in April syndrome in tunnel syndrome bilateral carpal report carpal tunnel with bilateral diagnosed with was diagnosed Plaintiff was that Plaintiff indicates that report indicates that ion deposit her at testified her deposition that Plaintifftestified In Styles performed surgery.. Plaintiff tunnel surgery carpal tunnel left carpal performed left Dr. Styles 2019 Dr. June 2019 In June However, wrist. However, and wrist. arm and her left symptoms in her the surgery was successful left arm and symptoms pain and reduced pain ful and reduced was success the surgery hand wrist, arm, spine, c thoraci spine, arm, wrist, hand neck, thoracic the neck, Plaintiff asserts that pain in the from pain suffer from continues to suffer she continues that she Plaintiff asserts date the date of the As of therapy. As physical therapy. of physical course of and abdomen. extensive course underwent an extensive that she underwent stated that She stated abdomen. She and June In June shoulders. In and shoulders. neck and her neck pain in her of Jindal for pain treated by Dr. Jindal being treated still being was still she was deposition she her deposition of her gets she that she gets testified that which she testified injections which 2019 point injections trigger point with trigger her with treating her began treating Jindal began Dr. Jindal 2019 Dr. had accident she vehicle accident motor vehicle the motor prior to the approximately she had that prior testified that Plaintiff testified month. Plaintiff once aa month. approximately once wrists. or wrists. arms or shoulders, arms sustained spine, shoulders, neck, spine, her neck, injuries to her sustained no injuries Dr. of Dr. examinations of medical examinations independent medical Defendants' of independent reports of the reports premised on the motion is premised Defendants' motion neurological independent neurological conducted an independent Neustadt conducted Neustadt and orthope orthopedist Wiener. Dr. Neustadt Bradley Wiener. dist Dr. Bradley Neustadt and neck persiste d reporte persistentnt neck examination Plainti examination of Plaintiff Plaintiffff reported the examination 2020. At the November 2020. Plaintiff in November ation of examin in pain in nagging pain persistent nagging reported a persistent also reported pain sometimes headaches. She also with headaches. associated with was associated es was that sometim pain that She . forearm her down s radiate down her forearm. She that radiates shoulder that her and aa knotted, her shoulder feeling in her tight feeling knotted, tight shoulders and her shoulders reported Plaintiff reported sensation. Plaintiff type al electric , reported such pain as sometimes including a tingling, electrical type sensation. tingling reported such pain as sometimes including grip diminished grip had diminished stated she had but stated surgery but improvement tunnel surgery carpal tunnel the carpal following the arm following left arm her left in her improvement in Neustadt Dr. Neustadt pain. Dr. and pain. numbness and occasional numbness strength, and occasional fingers and her fingers flexing her sometimes flexing difficulty sometimes strength, difficulty in any appear in not appear did not Plaintiff did that Plaintiff found that and found performed any normal and was normal which was exam which neurological exam performed aa neurological l bilatera d reporte He . normal ally essenti was acute distress. A musculoskeletal examination was essentially normal. He reported bilateral ation acute distress. A musculoskeletal examin objective any objective without any ms without ive sympto tenderness shoulder subjective symptoms were subject they were stated they but stated region but er region the should to the tenderness to was this was d asserte this hand. He her left of her finger of fifth finger her fifth correlation. left hand. He asserted tingling in her Plaintiff had a tingling found Plaintiffhad He found tion. He correla of flexion of the flexion found the goniometer he found Using a goniometer not carpal tunnel syndrome symptom. m. Using me sympto tunnel syndro typical carpal not aa typical wrist left and right her right and left wrist found her He found motion. He of motion. Plaintiff cervicall and lumbar spine ranges of normal ranges had normal spine had and lumbar Plaintiff'ss cervica deviation ulnar deviation and ulnar degrees on deviati flexion to be 60 degrees, extension to 60 degrees, radial deviation to 20 degrees and degrees, radial flexion to be 60 degrees, extension her of her motion of range found range of motion of further found to normal. He further were all normal. these were reported these Neustadt reported Dr. Neustadt degrees. Dr. 30 degrees. to 30 imaging resonance imaging magnetic resonance the magnetic that the elbows asserts that Neustadt asserts limits. Dr. Neustadt normal limits. within normal be within to be elbows to not did not he which disease disc disease which he did degenerative disc ("MRI") showed some mild degenerative some mild spine showed cervical spine her cervical of her scan of ("MRI") scan pre-existing represented aa pre-existing that it represented opined that attribute subject motor Neustadt opined accident. Dr. Neustadt vehicle accident. motor vehicle the subject to the attribute to attribute certain l medica of medical certaintyty attribute degree of condition. further states states that with any degree not with could not that he could He further condition. He of entation of no docum was no there was since there accident since Plaintiff carpal tunnel syndrome documentation status to the accident me status tunnel syndro left carpal Plaintiff'ss left noted He noted stress. He repetitive stress. usually caused wrist and that condition caused by repetitive on is usually that conditi accident and the accident from the trauma from wrist trauma gical neurolo any neurological of any evidence of objective evidence that found no objective sewing. He found of sewing. history of reported aa history Plaintiff reported that Plaintiff and shoulder and of shoulder complaints of subjective complaints Plainti ffss subjective deficits and and found support Plaintiff evidence to support objective evidence no objective found no deficits 3 [* 3] 3 of 6 FILED: DUTCHESS COUNTY CLERK 11/23/2021 02:26 PM NYSCEF DOC. NO. 52 INDEX NO. 2019-52500 RECEIVED NYSCEF: 11/19/2021 pain. arm pain. Plaintiff of Plaintiff examination of medical examination Dr. Bradley independent medical orthopedic independent conducted an orthopedic Wiener conducted Bradley Wiener of motion Range of asymmetry. Range found no muscular in November 2020. His examination muscular asymmetry. motion spine found of the spine examination of November 2020. degrees) 50-60 (normal spine tests found 20 degrees degrees of of flexion flexion of of the cervical cervical spine (normal 50-60 degrees) inclinometer found with an inclinometer tests with left the right of lateral rotation degrees and 40 degrees extension (normal to degrees) 60 degrees oflateral rotation to the right and left degrees) 60 50 (normal extension and degrees to tests motion of Range sides. both sides. Range of motion tests to tilt of normal tilt sides (normal (normal 70 to 80 degrees) degrees) and and essentially essentially a normal of both sides extension of extension degrees of and 10 degrees degrees) and the flexion (normal (normal 70 to 90 degrees) offlexion degrees of found 60 degrees spine found lumbar spine the lumbar lumbar the of sides left and right and left sides of the lumbar spine the right (normal 20 to 30 degrees). degrees). He found found normal spine both the tilt in both normal tilt (normal Range flexion. Range plantar flexion. and plantar dorsiflexion and ankle dorsiflexion and strength in hip extension, ankle knee extension, flexion, knee hip flexion, normal strength and normal elevation degrees of of motion shoulder measured goniometer found found 100 degrees of forward forward elevation with a goniometer measured with right shoulder the right motion for the of degrees and 70 degrees degrees) and (normal 170 tol80 (normal 170 to 180 degrees) abduction (normal of abduction degrees of degrees), 100 degrees tol80 degrees), (normal but shoulder left the limitations similar of external rotation (normal 80 to 90 degrees). found similar limitations in the left shoulder but found He degrees). of external rotation (normal left the physical examination only of external external rotation (normal 80 to 90 degrees). degrees). A physical examination of of rotation (normal degrees of only 50 degrees Plaintiffs of review and examination this on hand and wrist were essentially normal. Based on examination and a review of Plaintiff's Based normal. hand and wrist were essentially tunnel carpal tunnel pre-existing left carpal medical concludes that suffers from from pre-existing Plaintiff suffers that Plaintiff Wiener concludes records, Dr. Wiener medical records, and spine and lumbar spine the lumbar syndrome status status following following surgery. surgery. He reported reported a normal normal examination examination of of the syndrome of disease disc of cervical cervicalgia of of the evidence of cervical disc disease of an showed evidence MRI showed that the MRl reported that the neck. He reported cervicalgia motor Plaintiffs motor between Plaintiff's relationship between indeterminate causal relationship was no causal there was that there concludes that indeterminate age. He concludes absence the on based primarily based opinion is primarily vehicle accident and her carpal tunnel absence This opinion syndrome. This tunnel syndrome. her carpal vehicle accident factors risk general the and of a direct traumatic injury to the left hand, her gender, age and the general risk factors for gender, her hand, left injury traumatic of direct findings bilateral had Plaintiff that development of of carpal carpal tunnel further noted noted that Plaintiff had bilateral findings for syndrome. He further tunnel syndrome. development He right side. He the right was asymptomatic cervical radiculopathy and carpal carpal tunnel syndrome, yet was asymptomatic on the tunnel syndrome, radiculopathy and cervical anatomic an on explained not could asserts that her restricted range of motion in both shoulders could not be explained on anatomic shoulders both asserts that her restricted range of motion basis. objective basis. or objective summary primafacie entitlement foregoing is sufficient sufficient to demonstrate demonstrate Defendants' entitlement to summary Defendants' primafaeie The foregoing suffer aa not suffer did not that she did established that physicians established judgment. affirmations of of Defendants' expert physicians Defendants' expert The affirmations judgment. The physicians Both Law. Both physicians meaning of neurological orthopedic serious serious injury injury within of the Insurance Insurance Law. within the meaning neurological or orthopedic because accident because vehicle motor the caused assert that her carpal tunnel syndrome was likely not caused by the motor vehicle accident not likely was syndrome assert that her carpal tunnel caused usually is the syndrome because the originally complain complain of of wrist syndrome usually caused by pain and because wrist pain not originally she did not Plaintiffs shoulders motion to Plaintiff's of motion range of repetitive stress. Dr. Wiener shoulders limited range the limited that the opines that further opines Wiener further repetitive stress. Plaintiffs degenerative. injuries disc and spine spine had had no anatomical anatomical support support and that any cervical disc injuries are degenerative. Plaintiff's cervical and that judgment deposition testimony further establishes establishes Defendants' facie entitlement entitlement to summary summary judgment primafacie Defendants' prima testimony further deposition her from prevent not did injuries alleged Plaintiffs on her 90/180 90/180 day claim. claim. There There is no dispute that Plaintiff's alleged injuries did not prevent her from that dispute performing acts which constitute her and customary customary daily daily activities activities for 90 days usual and her usual which constitute material acts performing all the material the accident. more immediately immediately following following the accident. or more treating her treating of her statement of affirmed statement the affirmed and the In opposition, records and medical records Plaintiffs medical however, Plaintiff's opposition, however, fact issue material a create material issue of sufficient to create physicians Surinder Jindal Jindal and Stuart Styles Styles are sufficient of fact and Dr. Stuart physicians Dr. Surinder Jindal function or system. body function of a body of use ofa about suffered a significant significant limitation system. Dr. Jindal limitation of whether she suffered about whether that notes He accident. vehicle motor vehicle accident. treated Plaintiff Plaintiff since since shortly shortly after notes that an the motor after the has treated cervical spine MRI of radiculopathy and electromyography ("EMG") study study revealed C6-C7 radiculopathy and an MRl of cervical spine revealed C6-C7 phy ("EMG") electromyogra 4 [* 4] 4 of 6 -------------------------------c-. FILED: DUTCHESS COUNTY CLERK 11/23/2021 02:26 PM INDEX NO. 2019-52500 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/19/2021 these that these notes that He notes C5-C6. He herniation at C5-C6. disc herniation revealed and disc C4-C5 and herniation at C4-C5 disc herniation lateral disc left lateral revealed left April in that reports that April numbness.. He reports and numbness. pain and findings radiation, pain of radiation, complaints of accompanied by complaints were accompanied findings were decreased and extremities upper the radiating 2019 Plaintiff presented with persistent cervical pain radiating to the upper extremities and decreased pain cervical 2019 Plaintiff presented with persistent symptoms same the reported the same symptoms Plaintiff reported 2019 Plaintiff sensation June 2019 distribution. In June nerve distribution. ulnar nerve left ulnar sensation in the left pain cervical pain complained of Plaintiff 2019 July extending to the upper extremities and arms. In July 2019 Plaintiff complained of cervical arms. extremities extending the upper and stiffness spasms, reported She radiating the left side. She reported spasms, stiffness and aa more on the with more extremities, with upper extremities, the upper radiating to the with medicine with Plaintiff medicine gave Plaintiff Jindal gave region. Dr. Jindal burning sensation along thoracic region. the thoracic pain in the with pain along with burning sensation Plaintiff evaluation 2021 April an At trigger anApri12021 evaluation Plaintiff symptoms. the symptoms. treat the attempt to treat injections in an attempt point injections trigger point tingling. She and tingling. numbness and with numbness extremities reported persistent cervical pain radiating to both upper extremities with She upper both radiating pain cervical reported persistent of range limited noted He . distribution nerve had decreased sensation sensation in the C5-C6 ulnar nerve distribution. He noted limited range of medium ulnar C5-C6 medium had decreased accident vehicle accident motor vehicle 2018 motor October 2018 the October motion concludes.that the Jindal concludes.that spine. Dr. Jindal cervical spine. the cervical of the motion of While syndrome. tunnel carpal and disease disc caused Plaintiffs cervical radiculopathy, cervical disease and carpal tunnel syndrome. While caused Plaintiffs cervical radiculopathy, cervical found Wiener found Dr. Wiener spine, Dr. cervical spine, the cervical about the he reports about motion he reports of motion range of limited range the limited detail the not detail does not he does asserts accident. Dr. Styles vehicle accident. motor vehicle the motor aa limited attribute it to the Styles asserts not attribute but did not motion but of motion range of limited range of result atic post-traum was a post-traumatic tunnel was carpal tunnel in result of Plaintiffs carpal that Plaintiffs report that narrative report and narrative affirmation and an affirmation in an was performed was the surgery while the that while injuries states that surgery he performed accident. He states vehicle accident. motor vehicle the motor sustained in the injuries sustained testified she that issues residual issues that some residual had some still had successful and and resolved testified Plaintiff still issues, Plaintiff the issues, of the many of resolved many successful neck, the pain and numbness strength; to at her deposition. This includes weakness to grip strength; numbness and pain in the neck, weakness includes to at her deposition. This whether to as fact of material a shoulder and and elbow elbow regions. foregoing is sufficient sufficient to create create material of whether The foregoing regions. The shoulder or function body of use of limitation significant Plaintiff sustained serious injuries based on a significant limitation of use of a body function or on based injuries serious Plaintiff sustained has that pain subjective to testified Plaintiff testified system as a result subjective pain that has accident. Plaintiff vehicle accident. motor vehicle the motor of the result of system of range of objective range by objective supported complaints severely curtailed many of her life's activities. Her complaints are supported by Her activities. life's her of many curtailed severely that such testified that physicians testified treating physicians her treating and. her motion such Wiener and. reported by Dr. Wiener limitations as reported motion limitations is it foregoing, is the foregoing, on the Based on accident. Based vehicle accident. symptoms motor vehicle the motor related to the causally related symptoms are causally denied. judgment is denied. ORDERED that summary judgment motion for summary Defendants ' motion that Defendants' ORDERED this conference of pre-trial conference The foregoing constitutes decision and order order of of the Court. Court. A pre-trial of this constitutes the decision The foregoing 2022 at 9:15 a.m. action January 20, 2022 on January held on will be held action will \q , 2021 Dated: ,2021 November Dated: November York New York Poughkeepsie, Poughkeepsie, New ENTER: ENTER: ~_._k J.S.C. MARIA ROSA, lS.C. MARIA G. ROSA, 5 [* 5] 5 of 6 FILED: DUTCHESS COUNTY CLERK 11/23/2021 02:26 PM NYSCEF DOC. NO. 52 It.; INDEX NO. 2019-52500 RECEIVED NYSCEF: 11/19/2021 , j ./ Scanned System only Scanned to the E-File E-File System only Pursuant CPLR §5513, must be taken taken within within thirty thirty days Pursuant to CPLR 95513, an appeal appeal as ofright of right must days after after service service by a judgment or from and notice of its party upon upon the the appellant party appellant of of a copy copy of of the judgment of order order appealed appealed from and written written notice of its. judgment or order and written notice entry, that when entry, except except that when the appellant appellant has served served a copy of of the judgment order and written notice of its entry, of entry, the appeal appeal must must be taken taken within within thirty thirty days thereof. thereof. Law PLLC Law Office Office of of Michael Michael T. O'Leary, O'Leary,.PLLC 151 Broadway Broadway NY 10532 Hawthorne, Hawthorne, NY Law Office of of Thomas Thomas. K. Moore Moore . Law Office Box 2903 PO Box Hartford, CT 06104 06104 Hartford, 6 [* 6] 6 of 6

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