BOOTH v. MILSTEIN

2858, 158714/12.

146 A.D.3d 652 (2017)

2017 NY Slip Op 00446

45 N.Y.S.3d 438

ROBERT BOOTH, Appellant, v. ILO MILSTEIN, Also Known as ILO MILTON, Respondent.

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

Decided January 24, 2017.


Defendant established entitlement to judgment as a matter of law by showing that plaintiff did not sustain a serious injury to his lumbar spine. Defendant submitted, inter alia, the affirmed report of a neurologist, who found full range of motion and normal test results, and opined that plaintiff's injuries had resolved (see Birch v 31 N. Blvd., Inc., 139 A.D.3d 580 [1st Dept 2016]; Alvarez v NYLL Mgt. Ltd.,

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