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
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 06035 |
| Area of law | Personal Injury and Negligence · Insurance |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06035 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1294 |
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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