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AYALA v. CRUZ

Nos. 7748, 350736/08, 7748A.

95 A.D.3d 699 (2012)

945 N.Y.S.2d 240

2012 NY Slip Op 4073

REBECCA AYALA, an Infant by her Mother and Natural Guardian LYDIA ESTHER QUINTANA, et al., Appellants, v. DANIEL CRUZ et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 24, 2012.

Defendants established prima facie that plaintiffs did not suffer either significant limitation or permanent consequential limitation of use of their lumbar spines, by submitting the affirmations of two orthopedists who found full ranges of motion in all planes (see Thompson v Abbasi, 15 A.D.3d 95, 96 [2005]). However, defendants failed to make a prima facie showing that plaintiffs' injuries were not caused by the accident. One of...

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