SEARCH

YOUNG KYU KIM, plf-res, v. ROBERT GOMEZ, def-ap

9674. YOUNG KYU KIM, plf-res, v. ROBERT GOMEZ, def-ap — Martin, Fallon & Mull, Huntington (Michael P. Jones of counsel), for ap — Sim Park, LLP, New York (Haesun A. Kim of counsel), for res — Order, Supreme Court, New York County (George J. Silver, J.), entered August 13, 2012, which, to the extent appealed from, denied defendant's motion for summary judgment insofar as it sought dismissal of plaintiff's claims alleging serious injuries under the "permanent consequential" and "significant" limitation of use categories of Insurance Law §5102(d), unanimously affirmed, without costs.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

9674. YOUNG KYU KIM, plf-res, v. ROBERT GOMEZ, def-ap — Martin, Fallon & Mull, Huntington (Michael P. Jones of counsel), for ap — Sim Park, LLP, New York (Haesun A. Kim of counsel), for res — Order, Supreme Court, New York County (George J. Silver, J.), entered August 13, 2012, which, to the extent appealed from, denied defendant’s motion for summary judgment insofar as it sought dismissal of plaintiff’s claims alleging serious injuries under the “permanent consequential” and “significant” limitation of use categories of Insurance Law §5102(d), unanimously affirmed, without costs.

Defendant made a prima facie showing of the lack of a serious injury to the cervical and lumbar spine by submitting the affirmed report of an orthopedic surgeon finding full range of motion in both parts of the spine, and a radiologist’s report finding that MRI and X-ray films taken shortly after the accident showed bulging discs attributable to diffuse multilevel degenerative disc disease and an absence of traumatic injuries (see Paduani v. Rodriguez, 101 AD3d 470, 470 [1st Dept 2012]; Spencer v. Golden Eagle, Inc., 82 AD3d 589, 590-591 [1st Dept 2011]). Defendant further argued that plaintiff had ceased treatment four months after the accident, without explanation (Pommells v. Perez, 4 NY3d 566, 574 [2005]).

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2025

September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

DEPUTY PORT ATTORNEY III

DEPUTY PORT ATTORNEY III Oakland, CA Salary: $17,294 - $21,419/month, 37.5-hr work week Your Port. Your Community. Your Career. Whe...

Apply Now ›

NJ Foreclosure Attorney

Stern, Lavinthal & Frankenberg, LLC, is seeking a foreclosure attorney experienced in the NJ and/or NY foreclosure process and default l...

Apply Now ›

Defense Attorney

Mineola defense firm seeks attorneys with 3-5 years of actual insurance defense experience to handle complex general liability matters. Sala...

Apply Now ›