SPEZIA v. DE MARCO


173 A.D.2d 462 (1991)

Peter Spezia, Appellant, v. Joseph De Marco et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 6, 1991


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In affidavits submitted in opposition to the defendant's motion for summary judgment, the plaintiff and his physician, an orthopedist, made a prima facie showing that the plaintiff suffers from a "permanent" 10-degree limitation in the mobility of his neck, which he can move only with pain (see, Lopez...

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