Defendants established prima facie that plaintiff Sebastian Shapiro (Mr. Shapiro) did not sustain a serious injury to his left shoulder by submitting the affirmed report of an orthopedist who found normal range of motion, negative test results, and a resolved "[a]cute and chronic" dislocation. Defendants also submitted portions of Mr. Shapiro's medical records showing that he had a history of shoulder dislocations, the last occurring 10 years before the accident, and their...
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