Ordered that the order is affirmed, with costs.
The affidavit of the plaintiff's treating physician, Dr. Walter Szpur, indicated that on January 11, 1993, almost 18 months after the accident, there was a 40% deficit in the range of motion of plaintiff's cervical spine and, based on this predicate, concluded that the plaintiff experienced a permanent partial disability. The affidavit was sufficient to warrant denial of the motion for summary judgment dismissing the...
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