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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47174 Judge Koeltl AN ACTION arose out of an alleged accident in which a car owned and operated by defendant struck plaintiff as he was crossing the street in the Bronx. Plaintiff sued defendant, alleging state law claims based on negligence and defendant moved for summary judgment on the ground that the claims are barred by statute because he has not suffered a “serious injury” as defined by New York’s no-fault automobile insurance law. The court granted defendant’s motion, finding that, while there is some evidence that plaintiff suffered lingering physical limitations as a result of herniated discs, a physician’s report based on examinations conducted more than three years ago is insufficient to raise a triable issue of fact as to whether plaintiff suffered a serious or permanent injury. The court added that plaintiff’s claim of serious injury is further undermined by the fact that there is a significant gap in his medical treatment that he has failed to adequately explain.

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