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Appellate Division, First Department · October 15, 2026 · 2026 NY Slip Op 06035

Sowah v Oueteouakam

Read the official decision: 2026 NY Slip Op 06035

Holding The Appellate Division affirmed the summary judgment dismissing the complaint because the plaintiff failed to demonstrate a serious injury to her cervical and lumbar spine under Insurance Law § 5102(d). The plaintiff’s experts did not sufficiently address or rule out the chronic, degenerative changes identified by the defendant’s expert radiologist as the cause of her symptoms.

The court’s words

plaintiff did not sustain a serious injury to her cervical and lumbar spine within the meaning of Insurance Law § 5102(d)

2026 NY Slip Op 06035, at the official text

none of her experts sufficiently addressed any of the degenerative conditions that defendant's expert found on her MRIs

2026 NY Slip Op 06035, at the official text
CourtAppellate Division, First Department
DecidedOctober 15, 2026
Citation2026 NY Slip Op 06035
Area of lawPersonal Injury and Negligence · Insurance
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 06035
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1294

Recommended citation

ESQ HQ, New York Law Watch, Sowah v Oueteouakam, 2026 NY Slip Op 06035 (Appellate Division, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06035/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 15, 2026. Updated October 15, 2026.