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The only medical evidence provided by Claimant was the treatment records of Dr. Kim. Claimant's medical records were admitted into evidence only by stipulation of the parties. Upon full consideration of all the evidence, including a review of the medical records and listening to the witnesses testify and observing their demeanor as they did so, the Court finds that Claimant failed to establish, by a preponderance of the credible evidence, that he sustained a serious injury under Insurance Law 5102(d), and, therefore, further failed to establish his right of recovery for the damages he allegedly suffered in connection with a motor vehicle accident on March 29, 2010. The Claim fails, primarily on the issue of causation. The witnesses provided generally sincere and forthright testimony although they were not equally persuasive.


The only evidence presented by Mr. Poole regarding the causal connection between his alleged injuries and the accident on March 29, 2010 were his medical records and the deposition testimony of Dr. Kim. Claimant's medical records were admitted into evidence only by stipulation of the parties. Upon full consideration of all the evidence, including a review of the medical records and listening to the witnesses testify and observing their demeanor as they did so, the Court finds that Claimant failed to establish, by a preponderance of the credible evidence, that he sustained a serious injury under Insurance Law 5102(d), and, therefore, further failed to establish his right of recovery for the damages he allegedly suffered in connection with a motor vehicle accident on March 29, 2010. The Claim fails, primarily on the issue of causation. The witnesses provided generally sincere and forthright testimony although they were not equally persuasive. 84d34552a1